State v. Clay

CLEMENS, Senior Judge.

A jury found defendant guilty of second degree robbery and the trial court sentenced him as a persistent offender to 25 years in prison.

By his only point here defendant contends the court erred in refusing his instruction on the lesser offense of stealing. The state responds the evidence only showed armed robbery.

The evidence: In early morning hours defendant came to and parked his car at the service window of the victim’s carryout restaurant. Defendant ordered food and as it was passed out to him he pointed his loaded revolver at the victim and demanded all the victim’s…