Is there an exception in the law where a defendant who repeatedly hits an elderly man on the head with a two-by-four while carrying out a robbery can be punished as attempted murder and/or robbery?

But there is another exception according to two more recent cases: Gratuitous violence against a helpless or unresisting victim is not incidental to a robbery, at least when it rises to the level of attempted murder. (People v. Cleveland (2001) 87 Cal.App.4th 263, 271-272 [repeatedly hitting 66-year-old victim on head with two-by-four while taking victim's electronic device can be punished as attempted murder and robbery because the force used was more than necessary to achieve single objective of robbery];⁴ People v. Nguyen (1988) 204 Cal.App.3d 181, 190-193 [defendant could be

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