State v. Branyon

GRIMM, Judge.

The State charged defendant with first degree robbeiy and armed criminal action. A jury found him guilty of the lesser included Class C felony offense of stealing from the person in violation of § 570.030.1 The trial court found him to be a persistent offender pursuant to § 558.016 and sentenced him to thirteen years.

On appeal, he raises one point. He contends the trial court erred in refusing to instruct on misdemeanor stealing. We disagree. A misdemeanor stealing instruction was not required because there was no basis for convicting defendant of misdemeanor stealing.

Defendant…