Wednesday, August 19, 2026
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Use of Force, Fear on Part of Victim, Are Not Elements of Attempted Robbery—C.A.
By a MetNews Staff Writer
A would bike-thief who abandoned his effort to carry off the vehicle after being confronted by the owner who alighted from a shop was properly convicted of second-degree robbery, the Court of Appeal for this district held yesterday.
The owner of the bike, Johnny Brown, inside a shop in Azusa, spotted through the window an effort in progress to purloin his property, rushed outside, beers in hand, challenged the wrongdoer, Benjamin Veliz, who proclaimed, “it’s my bike now.” A standoff followed; Veliz produced two knives; the proprietor of the store phoned the police; the would-be thief, apprised that law enforcement officers would be coming, and retreated.
Justice John Shepard Wiley Jr. of Div. Eight said that Veliz “argues insufficient evidence supported his attempted robbery conviction because he abandoned the bicycle before showing the knives” that he brandished, one in each hand, “and because Brown was not in fear.” The jurist remarked:
“These hammer swings miss the nail.”
Different Elements
He declared:
“Veliz argues Brown testified he was not afraid. But force or fear is not an element in an attempted robbery case….A robbery attempt may not have progressed to the point of fear, as where armed robbers approach with the forbidden purpose, linger, but leave when a suspicious observer phones police. There may be no force or fear, but that still can be attempted robbery….
“Veliz claims he abandoned the bike before using force. We repeat: force is not an element of attempted robbery. The crime was complete once Veliz formulated his purpose of robbery and then acted directly on it, as he did by grabbing the bike. Then Veliz announced the bike was his now, and he remained standing next to it. The proof was ample.”
No Instructional Error
Veliz also argued that Los Angeles Acting Presiding Justice Judge David C. Brougham had been obliged to instruct the jury on the lesser included offense of attempted theft but failed to do so. Wiley responded:
“Theft is the taking of another’s property, with the intent to steal and carry it away….Unlike robbery, theft does not require the defendant to take property from the person or immediate presence of another or to accomplish the taking by force or fear….Attempted theft is a lesser included offense of attempted robbery….
“No evidence showed Veliz’s purpose was to commit theft only and not robbery. Veliz’s actions revealed his plan: if the bike owner detected Veliz, Veliz would not flee but would persist by asserting ownership of the bike. There was no contrary evidence. The trial court had no duty to instruct on a lesser included offense.”
Brougham sentenced Veliz to two years and six months in prison.
The case is People v. Veliz, 2026 S.O.S. 2575.
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