State v. Mulder

Defendant appeals from the judgment entered on his conviction by a jury of attempted first degree robbery, § 564.011 (RSMol994;) § 569.020 (RSMol994.) He was sentenced as a persistent offender, § 558.016 (RSMol994,) to a ten year term of imprisonment. We reverse and order defendant discharged.

The state proved defendant entered a Phillips 66 Company service station at approximately 3:00 a.m. on August 22, 1993. He slammed a stick on the counter and requested money. The cashier testified she was “kinda shocked”, but merely stood and stared at the man through a bullet-proof security window. He…