State v. Branyon

I fully concur in the majority opinion of Judge Grimm. I write this opinion to address the issue raised by the dissenting opinion.

The dissent concludes that the language of § 556.046 RSMo 1994, mandates reversal because misdemeanor stealing is a lesser included offense of robbery first degree and there was a basis for acquitting defendant of the robbery charge and convicting him of the misdemeanor stealing. That conclusion is premised upon the portion of the statute which reads:

A defendant may be convicted of an offense included in an offense charged in the indictment or information,…