State v. Muldrow

MOORE, Acting Chief Justice.

Petitioner was indicted for the armed robbery of a convenience store. The trial judge denied his motion for a directed verdict. Both armed robbery and the lesser included offense of common law, or strong arm, robbery were submitted to the jury. Petitioner was convicted of armed robbery and sentenced to thirty years. The Court of Appeals affirmed. State v. Muldrow, 340 S.C. 450, 531 S.E.2d 541 (Ct.App.2000). We reverse and remand for resentencing.

FACTS

At trial, the State produced evidence that petitioner entered the store, asked the clerk for a pack of cigarettes,…