State v. Patterson

GAERTNER, Judge.

Appellant Jerry Patterson was convicted by a jury of second degree robbery, a violation of § 569.030, RSMo.1978. Pursuant to the conviction, appellant was sentenced under § 558.011.1(2), RSMo.Supp.1982, to imprisonment as a persistent offender for a period of ten years. In this appeal the appellant argues he was prejudiced in that (1) the trial court erred in submitting an inappropriate variant of MAI-CR2d 2.12; (2) the trial court erred in failing to submit MAI-CR2d 2.10; and (3) the trial court erred in failing to instruct the jury on the lesser included offenses of third…