A154490

The Court of Appeal held that appellant’s attempted robbery conviction is unsupported by substantial evidence and must be reduced to theft from a person because there was no evidence appellant formed an intent to steal before or during her use of force on the victim. Here, the evidence showed that the incident began when appellant tried to use a port-a-potty on a construction site, the victim intervened, an altercation ensued between the two, and appellant stabbed the victim. However, nothing in the evidence suggested, expressly or inferentially, that appellant formed an intent to rob the victim before or while she stabbed her.

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