Does the court err in not instructing the jury sua sponte on attempted grand theft?

Since the evidence supports a finding of attempted robbery only, the trial court did not err in not instructing the jury sua sponte on attempted grand theft. Factually, it was an all-or-nothing situation. Defendant was either guilty of attempted robbery or he was innocent of any crime. There was no basis upon which the jury could conclude that a crime took place but there was no use of force or fear. (People v. Brew, supra, 2 Cal.App.4th at p. 105.)

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The judgment is affirmed.