People v. Smith

Defendant was charged by information in four counts, with (1) kidnapping for the purpose of robbery, subjecting the victim to bodily harm while armed with a deadly weapon; (2) armed robbery; (3) attempted kidnapping, while armed with a deadly weapon; and (4) kidnapping, while armed with a deadly weapon. Defendant pleaded not guilty. At the close of the evidence count 2 was dismissed. Verdicts were returned finding defendant guilty as charged in counts 1, 3 and 4. Defendant waived jury trial on the issue of penalty and moved for a new trial which was denied. Probation was denied. Defendant was…