What is the test for a charge of first degree felony murder based on robbery?

When the magistrate made the factual determination that the murder of Prince was not committed during the course of the robbery, he perforce determined there was no support for a felony murder based on robbery. First degree felony murder is the unlawful killing of a human being, whether intentional, unintentional or accidental, which occurs as the result of the commission or attempt to commit arson, rape, robbery, burglary, mayhem, or any act punishable under section 288, and where there is in the mind of the perpetrator the specific intent to commit such crime. (See 189; People v. Dillon (1983) 34 Cal.3d 441, 475, 194 Cal.Rptr. 390,

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In People v. Green (1980) 27 Cal.3d 1, 164 Cal.Rptr. 1, 609 P.2d 468, defendant killed his wife after ordering her to disrobe and placing her clothes in his car. He also took her wedding rings from her finger after she was dead. The day after her death defendant burned her clothes, her purse and her rings. Based on this evidence the jury found defendant guilty of robbery and the special circumstance of murder committed during the commission of a robbery (former 190.2, subd. (c)(3)(i)). In Green, the court held that a conviction of robbery cannot be sustained in the absence of evidence that the accused intended to steal either before committing the act of force against the victim or during the commission of that act. However, if the intent to steal arose only after the defendant used force against the victim, the taking would only amount to theft. The court stated, "We conclude that like the nonviolent taking in larceny, the act of force or intimidation by which the taking is accomplished in robbery must be motivated by the intent to steal in order to satisfy the requirement of section 20: if the larcenous purpose does not arise until after the force has been used against the victim, there is no 'joint operation of act and intent' necessary to constitute robbery." (Id., at p. 54, 164 Cal.Rptr. 1, 609 P.2d 468; see People v. Thompson (1980) 27 Cal.3d 303, 321-325, 165 Cal.Rptr. 289, 611 P.2d 883.)