What is the test for a jury to determine whether a defendant committed or attempted robbery and while doing so caused another person to die?
California, United States of America
The following excerpt is from People v. Kruger, G044151, Super. Ct. No. 07HF1539 (Cal. App. 2011):
defendant committed or attempted to commit robbery and while doing so caused another person to die. The robbery instruction advised that the prosecution had to prove defendant took property of another with the intent to steal and using force or fear. (CALCRIM No. 1600.) It amplified that theft becomes robbery if the defendant uses force or fear to take the property away even though he initially obtains it without force of fear. (Ibid) And CALCRIM No. 549 itself instructed that the underlying felony was robbery, not larceny as defendant suggests. Further, the court articulated that not all instructions would necessarily apply. (CALCRIM No. 200.) We presume the jury followed instructions (People v. Prince (2007) 40 Cal.4th 1179, 1295) as directed (CALCRIM No. 200).
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