What is the test for a jury to convict a defendant of two counts of attempted first degree robbery?

Suspicion is not evidence; it merely raises a possibility, and this is not a sufficient basis for an inference of fact." (People v. Redmond (1969) 71 Cal.2d 745, 755.) Here, the jury's finding of guilt as to the attempted robbery counts is not supported by substantial evidence. While defendant and the accomplice unquestionably intended to commit some crime, the record is silent as to what. To be sure, what they wore, what they brought (zip ties), and what they did is all consistent with a robbery. But it is also consistent with other crimes such as kidnapping or murder. We are left to speculate as to defendant's intent. Therefore, the convictions for attempted first degree robbery, counts 1 and 2, must be reversed.

Defendant contends overwhelming evidence showed he was incompetent to stand trial. We disagree.