Bowers v. People

LOHR, Justice.

We granted certiorari to review the decision of the court of appeals 1 which affirmed the conviction of the defendant, Gary Scott Bowers, for aggravated robbery, section 18 — 4-302, C.R.S. 1973. We conclude that the trial court did not err in refusing to instruct the jury on the lesser included offense of robbery, section 18 — 4-301, C.R.S. 1973. Accordingly, we affirm the decision of the court of appeals.

On January 12, 1977, a robbery was committed at a liquor store in Longmont, Colorado. The defendant and another young man entered the store shortly before closing time. Mr. and…