California, United States of America
The following excerpt is from People v. Lovett, F071007 (Cal. App. 2017):
"The trial court must instruct on general legal principles closely related to the case. This duty extends to necessarily included offenses when the evidence raises a question as to whether all the elements of the charged offense are present. [Citation.] It is settled that the crime of theft, whether divided by degree into grand theft or petty theft, is a lesser included offense of robbery. [Citation.] Robbery includes the added element of force or fear. [Citation.]" (People v. DePriest (2007) 42 Cal.4th 1, 50.) "If intent to steal arose after the victim was assaulted, the robbery element of stealing by force or fear is absent. [Citations.]" (People v. Webster, supra, 54 Cal.3d at p. 443.)
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