(a)Robbery is punishable as follows:
(1)Robbery of the first degree is punishable as follows:
(A)If the defendant, voluntarily acting in concert with two or more other persons, commits the robbery within an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code, which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code, which is inhabited, or the inhabited portion of any other building, by imprisonment in the state prison for three, six, or nine years.
(B)In all cases other than that specified in subparagraph (A), by imprisonment in the state prison for three, four, or six years.
(2)Robbery of the second degree is punishable by imprisonment in the state prison for two, three, or five years.
(b)Notwithstanding Section 664, attempted robbery in violation of paragraph (2) of subdivision (a) is punishable by imprisonment in the state prison.
Notes of Decisions
Cited in
129
cases (
14 in the last 5 years), 1942–2026 · leading case:
People v. Salas, 58 Cal. App. 3d 460 (Cal. Ct. App. 1976).
People v. Salas, 58 Cal. App. 3d 460 (Cal. Ct. App. 1976).
· cites it 10× “(7) It is clear that the term, "great bodily injury," as used in Penal Code section 213, which increases the punishment for robbery in the second degree (which is involved in the instant case) from imprisonment in the state prison for not less than one year (Pen. Code, § 213) to…”
People v. Deloza, 957 P.2d 945 (Cal. 1998).
· cites it 2× “Had defendant not been subject to the Three Strikes law, his maximum possible term would have been nineteen yearsfive years for one robbery count (Pen.Code, § 213, subd. (a)(2)), three years total for the other three robbery counts (id, 1170.”
People v. White, 549 P.2d 537 (Cal. 1976).
· cites it 4× “His trial commenced on June 5, 1973; and on July 10, 1973, he was sentenced to the prescribed term (five years to life (Pen. Code, § 213, subd. 1)), [1] which was ordered to run consecutively to any prior incompleted sentences.”
People v. Morales, 5 Cal. Rptr. 3d 615 (Cal. Ct. App. 2003).
“(Pen. Code, § 213, subd. (a)(1)(A).) In connection with all three counts, gang enhancements (Pen.”
People v. Mutch, 482 P.2d 633 (Cal. 1971).
· cites it 2× “(Pen. Code, § 213.) Nor will our ruling in the case at bar set defendant Mutch scot-free: when the kidnaping counts are vacated, the previously stayed sentence on two counts of first degree robbery will go into effect.”
People v. Chi Ko Wong, 557 P.2d 976 (Cal. 1976).
“(Pen. Code, § 213.) But the execution of sentence for that conviction has been stayed pending the service of the life term for the murder conviction, which stay is then to become permanent.”
People v. Salas, 77 Cal. App. 3d 600 (Cal. Ct. App. 1978).
· cites it 2× “The jury also found true the allegation of the second amended information that defendant, during the commission of the offense, intentionally inflicted great bodily injury on the victim (Pen. Code, § 213). Defendant was sentenced to state prison for the term prescribed by law,…”
In Re Foss, 519 P.2d 1073 (Cal. 1974).
· cites it 2× “Code, § 190), robbery with great bodily injury (Pen. Code, § 213), burglary with great bodily injury (Pen.”
People v. Love, 366 P.2d 33 (Cal. 1961).
· cites it 2× “" (Pen. Code, § 213.) The maximum in both cases is life imprisonment.”
People v. CARL B., 594 P.2d 14 (Cal. 1979).
· cites it 2× “As the People observe, that prison term would consist of three years for robbery (Pen. Code, § 213), two years for firearm use ( id.”
People v. Superior Court (Duran), 84 Cal. App. 3d 480 (Cal. Ct. App. 1978).
· cites it 2× “Code, §§ 211, 664), was sentenced by the trial court to a term of 18 months, that period being one-half of the middle term for robbery (24 months, 36 months or 48 months) (Pen. Code, § 213). 1 The sentence was imposed pursuant to Penal Code section 664 which provides generally…”
People v. Ralph, 24 Cal. 2d 575 (Cal. 1944).
· cites it 2× “(Pen. Code, § 213.) The maximum therefore is a life sentence, subject to be shortened by the action of the state board of prison terms and paroles, as provided by the provisions of section 1168 of the Penal Code.”
— Cal. Penal Code § 213(1) — 1 case
— Cal. Penal Code § 213(a)(1)(B) — 1 case
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