People v. McMullen

TURSI, Judge.

The defendant, Richard Wayne McMul-len, appeals a judgment of conviction and the sentence entered on a jury verdict finding him guilty of aggravated robbery. We affirm.

The case arises from a robbery at gun point of a pizza restaurant employee. The defendant was charged with aggravated robbery, § 18-4-302(l)(a) and (b), C.R.S. (1986 Repl.Vol. 8B) and the commission of a violent crime with a deadly weapon, § 16-11-309, C.R.S. (1986 Repl.Vol. 8A). The trial court imposed a sentence in the aggravated range pursuant to the violent crime statute.

I

For the first time on appeal, the…