State v. Nash

OPINION

SEDGWICK, Judge.

Defendant appeals his conviction for aggravated robbery under Minn.Stat. § 609.-245 following a jury trial before Hennepin County District Court. Defendant claims (1) that the evidence was insufficient to justify the conviction because the alleged victim’s wallet was never recovered; (2) that the trial court erred in failing to instruct the jury on the lesser offenses of attempted aggravated robbery, simple robbery and attempted simple robbery; and (3) that the trial judge should have departed downward in durational sentencing, from the presumptive sentence, because the…