State v. Phillips

John Phillips, the appellant and defendant below, appeals his convictions of two counts of aggravated robbery and one count of kidnapping entered by the Circuit Court of Wood County. Phillips contends that the trial court erred in refusing to instruct the jury on the lesser included offense of nonag-gravated robbery, and that the 140 year sentence he received was excessive. We find the court properly refused the nonaggravat-ed robbery instruction, and the 140 year sentence was proportionate to the character and degree of the offences committed. Consequently, we affirm the June 13,1995, order…