State v. Payne

DOWD, Presiding Judge.

Marlon Payne, defendant herein, appeals from his conviction of robbery first degree and armed criminal action. A jury assessed his punishment at five years and three years imprisonment, terms to run concurrently.

We reverse the armed criminal action conviction as mandated by Sours v. State, 603 S.W.2d 592 (Mo. banc 1980) (Sours II). We affirm the conviction of robbery first degree.

The evidence indicates that D. L. Adams picked up the defendant and two other males in his taxi. Adams drove the three men to a location in the City of St. Louis where they instructed him to…