v. Delgado

Summary

The court held that robbery and theft from a person are mutually exclusive when based on a single taking because robbery requires force while theft from a person requires taking by means other than force. The unpreserved instructional and verdict error was plain because the conflicting elements made the inconsistency obvious and undermined confidence in the judgment. Because the conflicting verdicts did not reveal which offense the jury intended to establish, the court ordered a new trial and affirmed the court of appeals.