In People v. Ramkeesoon (1985) 39 Cal.3d 346, the defendant was convicted of first degree murder and robbery with findings that he used a deadly weapon. (Id. at p. 348.) The defendant had met the victim at a bar while playing pool. After some barhopping and eating dinner together, the victim told the defendant the victim was gay. Later in the evening, the victim invited the defendant to spend the night at his place and stay for the following day, which was Thanksgiving. The defendant accepted the invitation, but told the victim he should not expect any sexual favors. The defendant slept on the couch after being asked by the victim to sleep in the victim's room. Throughout Thanksgiving day, the victim made sexual advances toward the defendant. After more barhopping on Thanksgiving evening, the victim and the defendant returned to the victim's residence for the night. The victim again made advances toward the defendant, indicating that the defendant owed him something. (Id. at pp. 348-349.) One thing led to another, with the defendant eventually stabbing the victim to death. The defendant testified that after stabbing the victim, he observed the victim's wallet, set of keys, and a wristwatch on the victim's nightstand. It was at that time that it first occurred to the defendant to steal the objects. (Id. at pp. 349-350.) At trial, the defendant requested that the jury be instructed on theft as a lesser included offense of robbery. The request was based on the evidence of the defendant's after-formed intent to steal. If believed, the defendant would be guilty merely of theft as opposed to robbery, and could not be found guilty of felony murder. The trial court refused to instruct on theft as a lesser included offense. (People v. Ramkeesoon, supra, 39 Cal.3d at p. 350.) The Supreme Court, finding that the trial court erred in not instructing on theft, reversed the defendant's murder conviction. As a prelude to its discussion, the court noted: "For purposes of this appeal, we must assume that the first degree murder verdict was based on felony murder since we have no way of knowing whether the jury relied on that theory or on premeditation and deliberation. (See People v. Green (1980) 27 Cal.3d 1.)" (People v. Ramkeesoon, supra, 39 Cal.3d at p. 352, fn. 2.) With this premise in mind, the court indicated: "In the present case, the jury was never presented with the factual question posed by the omitted theft instructions. All it had to work with was a victim who had obviously died as a result of violence perpetrated by another and a defendant who was in possession of the victim's property under extremely suspicious circumstances. Since the jury was deprived of the 'theft option' which was clearly supported by some evidence, it cannot be said that a verdict finding defendant guilty of robbery necessarily resolved the issue posed by the lesser offense instruction adversely to defendant. ... The jury here was left with an 'unwarranted all-or-nothing choice' citation on both the robbery and murder counts. The omission of the theft instructions practically guaranteed robbery and felony-murder convictions since defendant had admitted taking the victim's property and robbery was the only available theft offense. The findings of robbery and murder did not necessarily resolve the factual question of whether the intent to steal was formulated after defendant had inflicted the fatal blows because the jury was never required to decide specifically whether defendant had formed the intent to steal after the assault. ... Accordingly, the error in failing to instruct on theft and larceny cannot be deemed harmless." (Id. at pp. 352-353.) In Ramkeesoon there was substantial evidence that the underlying felony was not committed. In Ramkeesoon, it was the after-formed intent; here, it is whether Fort had the intent to aid and abet the robbery.