State v. Cunningham

Petitioner Brook Cunningham was convicted of first degree (armed) robbery and was sentenced to prison. She appealed solely on the ground that the trial judge assertedly abused his discretion by voicing a rigid sentencing policy. The Court of Appeals affirmed, as do we.

Petitioner stipulated that she had participated in the robbery of a service station, while being armed. She contended, however, that due to consumption of drugs she had a diminished mental capacity and could not have formed the requisite specific intent. The trial judge rejected the defense after hearing both petitioner and…