State v. Scipio

Ness, Justice:

Appellant was convicted of robbery and armed robbery and sentenced to seven years and twenty-one years concurrently.

We affirm the conviction and twenty-one year sentence for armed robbery but reverse the robbery conviction and vacate the seven year sentence.

On the night of the robbery, appellant entered a Sav-Way Station, pointed a pistol at the attendant and demanded money from the cash register and the attendant’s wallet.

Appellant first argues his convictions for robbery and armed robbery constitute double jeopardy under Blockburger v. U. S., 284 U. S. 299, 52 S. Ct. 180, 76…