State v. Watkins
North Dakota Supreme Court
1Opinion of the Court
VandeWalle, Chief Justice.
[¶ 1] Eybon Watkins appealed from a criminal judgment entered after a jury found him guilty of robbery and the district court imposed upon him a four-year mandatory minimum sentence as an armed offender. Although the court did not instruct the jury to make a finding whether Watkins possessed a firearm during the robbery, we affirm because Watkins invited the error.
I
[¶ 2] Watkins was charged with robbing a hotel in Bismarck during August 2015. The charge was a class B felony under N.D.C.C. § 12.1-22-01(2), which applies “if the robber possesses or pretends -to possess…
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