P. v. Merritt
Defendant Brian Dale Merritt was convicted of robbery and burglary, having fraudulently obtained cash from a department store. Defendant contends the evidence was insufficient to support his conviction for robbery because he did not leave the store with the cash before being stopped by the stores security personnel. Defendant temporarily prevented the security personnel from gaining possession of the cash through the use of force or fear; therefore, the robbery conviction was supported by substantial evidence. (People v. Pham (1993) 15 Cal.App.4th 61, 66-67 (Pham).) Defendants argument that the trial court erred by failing to instruct the jury on the lesser included offense of attempted robbery fails for the same reason. The judgment is modified.
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