State v. Lewis

HIGGINS, Judge.

Tommy Lewis was convicted by a jury of armed criminal action, section 571.015 RSMo 1978; his punishment was fixed at three years imprisonment. Sentence and judgment were rendered accordingly. In the Court of Appeals, Western District, he claimed the armed criminal action statute does not define an offense independent of the underlying felony, and the information charging defendant was insufficient. The court, sua sponte, considered whether there was plain error in failing to instruct the jury on felonious restraint as a lesser included offense. The Western District affirmed the…