California, United States of America
The following excerpt is from The People v. Lara, B215731, No. TA103117 (Cal. App. 2011):
2. We note that the robbery instruction informed the jury: "The defendant's intent to take the property must have been formed before or during the time he used force or fear. If the defendant did not form this required intent until after using the force or fear, then he did not commit robbery." "[E]rroneous failure to instruct on a lesser included offense is not prejudicial if 'it is possible to determine that... the factual question posed by the omitted instruction was necessarily resolved adversely to the defendant under other, properly given instructions.... ' [Citations.]" (People v. Turner, supra, 50 Cal.3d at pp. 690-691.)
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