State v. Lowery

CRIST, Judge.

Defendant was convicted by a jury of first degree robbery and armed criminal action pursuant to § 560.120, RSMo. 1969, § 560.135, RSMo.Supp.1975 and § 559.225, RSMo.Supp.1976. Defendant was sentenced consecutively under the Second Offender Act to twenty-five years for first degree robbery and twenty years for armed criminal action. Defendant appeals. We reverse in part.

On July 28, 1978, during the early evening hours, defendant and an accomplice entered Buncher’s Pharmacy, St. Louis, Missouri, and asked the price of a tube of toothpaste. Immediately thereafter, defendant directed…