State v. Clay

REINHARD, Judge.

A jury convicted defendant of attempted first degree robbery and armed criminal *420action; the court sentenced him as a prior and persistent offender to concurrent prison terms of 25 and 15 years. He appeals both from his convictions and from the denial of his Rule 29.15 motion after an evidentiary hearing. We affirm.

The state’s evidence shows that on April 12, 1986, defendant entered a Texaco gas station and convenience store and asked for a pack of cigarettes. He spoke to the cashier for approximately five minutes, then he pulled a gun from the waist of his pants and pointed it…