State v. Moore

The opinion of the court was delivered by

McFarland, C.J.:

The case is before us on the State’s petition for review challenging the Court of Appeals’ reversal of Antonio C. Moore’s jury trial conviction of robbeiy and remand of the case for sentencing on theft. (State v. Moore, 26 Kan. App. 2d 89, 978 P.2d 291 [1999].)

Robbery is the taking of property from the person or presence of another by force or by threat of bodily harm to any person (K.S.A. 21-3426). The Court of Appeals held there was insufficient evidence of “threat of bodily harm” to sustain the conviction. We disagree.

*28FACTS

The…