Is Penix's conviction for attempted robbery and murder overturned?
California, United States of America
The following excerpt is from People v. Penix, D067480 (Cal. App. 2015):
Penix contends that his convictions for both attempted robbery and murder must be reversed because the trial court did not instruct the jury on the lesser included offense of attempted theft, which is not one of the predicate offenses specified in section 189, California's felony murder statute.7 (People v. Ledesma (2006) 39 Cal.4th 641, 715 ["Theft is a necessarily included offense of robbery"].)
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