State v. Kane

ON TRANSFER FROM THE COURT OF APPEALS

WELLIVER, Judge.

Appellant-defendant appealed to the Missouri Court of Appeals, Western District, from a conviction by jury of robbery in the second degree and armed criminal action. The jury assessed punishment at seven years on the robbery and thirty-five years on the armed criminal action.

The court of appeals affirmed the robbery conviction under Count I and reversed the armed criminal action conviction under Count II.

Because of the general reluctance of courts to reverse the longer sentence and for reason that the Court of Appeals believed this Court…