California, United States of America
The following excerpt is from People v. Currie, 104 Cal.Rptr.2d 430, 87 Cal App. 4th 225 (Cal. App. 2001):
First, this contention is moot in light of the jury's verdicts. Appellant was not convicted of the completed offense of robbery, but only of the attempted robbery of Maldonado. An attempted robbery does not require any taking, because it does not require that the act of robbery be completed. (See People v. Scott (1985) 173 Cal.App.3d 937, 942-943 [convictions for attempted robbery upheld, even though defendant did not complete taking of money from victims]; accord, People v. Birden (1986) 179 Cal.App.3d 1020, 1026.) In finding appellant guilty of the attempted robbery, rather than the completed offense as charged in count two of the information, the jury necessarily found the evidence insufficient to establish a taking of the victim's gun, drugs, money, or gold chain.
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