State v. Bentzen

CLEMENS, Senior Judge.

A jury found defendant William F. Bent-zen guilty of armed robbery. The court sentenced him to 15 years in prison; he appeals.

Defendant challenges his conviction on three grounds: (1) Plain error in not bringing him to trial in 180 days; (2) the robbery statute is unconstitutionally vague; and (3) error in failing to instruct on the lesser offense of stealing.

Defendant’s 180-day plain error challenge was raised neither at trial nor in his after trial motion. Section 545.780.5 declares “[fjailure of the defendant to move for dismissal prior to trial shall constitute a…