State v. Adams

Defendant appeals his conviction for first-degree robbery. He assigns four errors, two of which we discuss: former jeopardy and denial of a motion to suppress evidence on the basis of failure to preserve possibly exculpatory evidence.1 We modify the conviction to second-degree robbery and remand for resentencing.

Defendant was indicted for first-degree robbery of a concession attendant at a movie theatre. The state declined to negotiate a plea, pursuant to the district attorney’s then policy. Defendant appeared with his first counsel ready for trial. The trial court asked counsel if they had…