What is the test for determining whether the intent to steal was motivated by fear or wrongful intent?
California, United States of America
The following excerpt is from People v. Brownlee, C085652 (Cal. App. 2019):
intent to steal arose either before or during the commission of the act of force. [Citation.] '[I]f the intent arose only after the use of force against the victim, the taking will at most constitute a theft.' [Citation.] The wrongful intent and the act of force or fear 'must concur in the sense that the act must be motivated by the intent.' " (People v. Marshall, supra, 15 Cal.4th at p. 34.)
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