In what circumstances will a jury consider whether a defendant who uses force only after abandoning his victim's property is guilty of robbery?
California, United States of America
The following excerpt is from People v. Singleton, A137105 (Cal. App. 2014):
The content of this special instruction was not discussed during the hearing on jury instructions and we find nothing in this record to suggest that there was any dispute about it. The instruction is supported by the legal principle that a defendant who uses force only after he or she has abandoned the victim's property may be guilty of theft but not of robbery. (People v. Pham (1993) 15 Cal.App.4th 61, 68.) This principle was also the
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