Heyward v. State

RATLIFFE, Chief Judge.

STATEMENT OF THE CASE

James Heyward appeals the denial of his petition for post-conviction relief. We remand this case with instructions to reduce the robbery conviction to class B felony robbery, and we affirm in all other respects.

FACTS

On July 29, 1982, a woman ran into the M & D Lounge shouting that a man was after her. She hid in a back room and, shortly thereafter, Heyward entered the establishment carrying an automatic pistol. He asked where the woman was and said he intended to kill her. He forced the patrons and employees to lie on the floor and stated his intent…