California, United States of America
The following excerpt is from People v. Gadlin, A149764 (Cal. App. 2018):
accomplished by means of force or fear and with the specific intent permanently to deprive such person of such property . . . .' [Citation.] Both robbery and felony murder based on robbery require that the intent to rob arise before force or fear is applied. Thus, '[i]f the defendant does not harbor the intent to take property from the possessor at the time he applies force or fear, the taking is only a theft, not a robbery.' [Citation.] Similarly, 'an intent to steal that arises after the infliction of the fatal wounds cannot support a felony-murder conviction.' " (People v. Burney (2009) 47 Cal.4th 203, 253, italics omitted.) The mental state required to prove felony murder is the specific intent to commit the underlying felony. (People v. Pollock (2004) 32 Cal.4th 1153, 1175.)
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