People v. Benson

Defendant, Charles Jerome Benson, was convicted by a jury of armed robbery, MCL 750.529; MSA 28.797. Defendant was sen tenced to serve not less than one hundred nor more than two hundred years in prison. Defendant appeals as of right, raising four issues.

First, defendant claims that the trial court committed error in refusing to instruct the jury on unarmed robbery. At the close of proofs, but prior to final arguments, defense counsel requested the court to instruct the jury on the lesser included offense of unarmed robbery. The following exchange occurred:

The Court: What do you want, Mr.…