Debose v. State

HUNTER, Justice.

Johnny Albert Debose, defendant, was found guilty, by jury, of the crime of robbery, a class A felony. He was sentenced to forty years’ imprisonment. In his appeal to this Court, he raises a single issue: did the trial court err in refusing to give his tendered instruction which would have informed the jury of the punishment applicable to the various classes of crimes?

Before we address the merits of the defendant’s argument, we note that the defendant has not actually preserved the alleged error for our consideration. He has failed to set out the verbatim tendered instruction…