State v. Davis

The opinion of the court was delivered by

Schroeder, C.J.:

This is an appeal in a criminal action from a court judgment which found Edward R. Davis (defendant-appellant) guilty of aggravated robbery (K.S.A. 21-3427). The appellant contends the trial court erred in finding the use of a starter pistol in the robbery elevated the crime to aggravated robbery, and that the court erred in imposing sentence under K.S.A. 1978 Supp. 21-4618.

On January 21, 1979, the appellant and a male juvenile entered a 7-11 store in Kansas City, Wyandotte County, Kansas. The appellant displayed a .22 caliber starter…