The defendant's contention that he is not guilty of robbery, and therefore cannot be convicted of felony murder, hinges on his belief that he did not intend to permanently deprive the store of its money. In this state, the definition of robbery includes the intent to permanently deprive the owner of their property. The defendant believed that the money would be returned to the store, and therefore did not have the intent to permanently deprive the store of its money.

However, the prosecution could argue that the defendant's belief was unreasonable and that his actions, regardless of his belief, resulted in the permanent deprivation of the store's money. The defendant's belief was based on the lies of a fraudster, and he had no reasonable basis for believing that the money would be returned. Furthermore, the defendant's actions resulted in the store being permanently deprived of its money, regardless of his belief.

The court would need to decide whether the defendant's belief, however unreasonable, is enough to negate the intent required for robbery. If the court decides that it is, then the defendant could not be convicted of felony murder based on the robbery. If the court decides that it is not, then the defendant could be convicted of felony murder based on the robbery.

If the defendant prevails on the robbery charge, the prosecutor could potentially use the kidnapping statute as the basis for a felony murder conviction. The defendant moved the store manager a substantial distance from the store, and used him as a shield during his escape. This could potentially meet the definition of kidnapping under the statute.

However, the prosecutor would need to prove that the defendant moved the store manager with the purpose of using him as a shield. The defendant could argue that he did not intend to use the store manager as a shield, but was simply trying to escape. The court would need to decide whether the defendant's actions, regardless of his intent, meet the definition of kidnapping under the statute.

If the court decides that they do, then the prosecutor could potentially secure a felony murder conviction based on the kidnapping. If the court decides that they do not, then the prosecutor would need to rely on a traditional homicide theory.