Supreme Court of California

Conviction and sentencing of defendant for first degree felony murder with the special circumstance of killing during the course of a robbery, Pen. Code, sections 187, 190.2(a)(17)(A)) and 211, is upheld because the intent element of robbery does not include an intent to apply force against the victim or to cause the victim to feel fear, and where a trial court has no obligation to provide a sua sponte instruction on a theory of accident where the defendant's theory is an attempt to negate the intent element of the charged crime.

Appellate Information

• Decided 06/02/2011
• Published 06/02/2011

Judges

• WERDEGAR

Court

• Supreme Court of California

Counsel