State v. Moore

SCOTT, Justice.

Defendant was found guilty by a district court jury of a charge of simple robbery, Minn.Stat. § 609.24 (1978), and was sentenced by the trial court to a limited maximum prison term of 3 years (instead of the 10 permitted by statute). Defendant raises three issues on appeal: sufficiency of evidence, admission of other-crime evidence, and failure of the trial court to sua sponte submit the lesser misdemeanor offense of theft by swindle of property valued at $100 or less, Minn.Stat. § 609.52, subd. 2(4) (1978). There is no merit to the second and third issues but our examination…