State v. Jones

CLEMENS, Presiding Judge.

Defendant Gerald Jones was tried and convicted of first-degree robbery and sentenced to five years’ imprisonment. On appeal, he contends the trial court erred in permitting the State to use certain testimony contrary to a pre-trial stipulation. We agree and reverse.

Before trial, the State stipulated that unless Jones testified to the contrary, the State would not use an incriminatory statement he had made to police after his arrest.

The State’s evidence: Defendant entered Arby’s Restaurant with a group of boys and approached the cash register, where defend*318ant…