State v. Babbitt

SATZ, Judge.

Defendant was convicted of robbery in the first degree, § 560.120 RSMo 1969 and armed criminal action, § 559.225 RSMo 1976 Supp. He was sentenced to five years on the robbery count and eight years, concurrent, on the armed criminal action count. We affirm the former sentence and reverse the latter.

Around midnight on October 23,1978, the defendant and a companion, Wes, left a party in search of marijuana. This errand brought them to the victim’s apartment in St. Louis County. According to the victim, the defendant and Wes entered the apartment and forced the victim and a friend of…