State v. Leigh

REINHARD, Judge.

Defendant was convicted of first degree burglary, § 569.160 RSMo 1978; first degree assault, § 565.050 RSMo 1978 and first degree robbery, § 569.020 RSMo 1978. He was found to be a persistent offender and sentenced by the court to 25 years imprisonment on each count, to be served concurrently. On appeal, defendant contends that his robbery and assault convictions subjected him to double jeopardy. We reverse the conviction for robbery.

Defendant does not challenge the sufficiency of the evidence and, therefore, we briefly review the facts in the light most favorable to the…