Herndon v. State

BOWEN, Judge.

Richard Herndon, Jr., was convicted of first degree robbery and sentenced as a habitual offender to imprisonment for life without parole. Two issues are raised in this appeal from that conviction; however, we need address only the contention that the trial court erred in refusing to give Herndon’s written requested charge on the lesser included offense of third degree robbery.

The state argues that this issue was not properly preserved for our review under Rule 14, A.R.Crim.P. (Temp.). However, upon the completion of the court’s oral charge Herndon objected to the trial court’s…