People v. Lyons

Opinion

KINGSLEY, J.

Defendant was charged with one count of attempted robbery and one count of robbery and as to each count that he was armed with a deadly weapon during their commission. It was also charged that he had suffered a prior felony conviction in another state.

The jury was unable to agree at defendant’s first trial and a mistrial resulted. A second jury found him guilty of attempted robbery in the first degree and robbery in the first degree as charged; it also found that he had been armed at the time of the commission of both offenses. The prior conviction was found to be true as…