State v. Lopes

BRYANT, Judge.

Where, on the charge of robbery with a dangerous weapon, the evidence was sufficient to establish that a dangerous weapon was used and no evidence to the contrary was presented, the trial court properly denied defendant's request for an instruction on the lesser included offense of common law robbery. Accordingly, we hold no error.

The State's evidence at trial tended to show the following: On 5 April 2015, defendant Giovani Lopes, who was then sixteen years old, responded to an online advertisement for collectible basketball sneakers posted by fifteen-year-old T.B. ("Tim").1…