Carter v. State

Phipps, Judge.

Rossio Carter was charged with armed robbery for taking Curtis Files’s car at gunpoint. After a bench trial, Carter was convicted and sentenced to the mandatory minimum of ten years imprisonment without parole. On appeal, he contends that the trial court erred in not considering whether he was guilty of the lesser included offense of robbery by intimidation. Carter also contends that his sentence was unconstitutional. These contentions lack merit, and we affirm.

At trial, Files testified that as he was cleaning his car at a carwash at about 11:00 p.m. on October 1, 1998, a man…