People v. Vizcarra

In People v. Vizcarra (1980) 110 Cal.App.3d 858, the defendant took a rifle to a liquor store, but never went inside; after a customer saw him standing on a walkway in front of the store, he returned to his car and drove away. He argued that the evidence did not support an attempted robbery conviction because he did not enter the store and "the potential victim was therefore never subject to force or fear." (Id. at p. 861.) The court disagreed, citing among other authorities a case where the defendants were convicted of attempted bank robbery for "securing . . . weapons, driving to the bank and making a move to enter the bank. There was no element of force or fear established." (Id. at p. 863.) The court concluded that "an attempt to commit the crime of robbery . . . does not require assault as an essential element." (Ibid.)