State v. Moore

WEIER, Judge.

The jury found defendant guilty of robbery in the second degree and assessed his punishment at five years imprisonment in the Division of Corrections. From the judgment based on this verdict, defendant has appealed contending first that he was entitled to have the jury instructed on the lesser offense of stealing; and second, the trial court erred in granting defendant’s trial counsel a thirty-day extension to file the motion for new trial contrary to Rule 29.11(b) thereby giving rise to a claim of ineffective assistance of counsel. We first consider the charge of ineffective…