People v. Randolph

Defendant appeals as of right from a jury trial conviction of unarmed robbery, MCL 750.530; MSA 28.798. Defendant was sentenced as a second-offense habitual offender, MCL 769.10; MSA 28.1082, to five to fifteen years’ imprisonment. We reverse and remand.

On November 12, 1997, defendant was seen attempting to conceal a drill and a thermostat in his jacket in a Meijer store. Defendant then went to the checkout lanes where he purchased some oil. Defendant proceeded out of the store without paying for the drill or the thermostat. After defendant left the store, a struggle between defendant and…