State v. Elliott

LOWENSTEIN, Judge.

Defendant Elliott, appeals from a conviction for first degree robbery, § 569.020, RSMo 1978,1 for which he was sentenced to ten years imprisonment. Defendant’s sole point asserts there was insufficient evidence that he “either used or threatened to use some physical force for the purpose of ... taking” the victim’s money. Affirmed.

Defendant waived jury trial. The state’s evidence is as follows: Lana Kuker, while driving alone en route to Nebraska, stopped at a truck plaza on highway 59 in Holt County, Missouri, to walk her dog. As she left the truck plaza, around midnight,…