State v. Arlt

OPINION OF THE COURT BY

WATANABE, J.

Jeffeiy Arlt (Defendant) appeals his September 24,1991 conviction of First Degree Robbery. Concluding that Defendant did not use force “in the course of committing theft” and that First Degree Robbety was thus not proved, we vacate Defendant’s conviction below. However, as there is overwhelming evidence on the record that Defendant committed the lesser-included offense of Theft in the Fourth Degree, we remand the case to the First Circuit Court with instructions to enter a judgment convicting Defendant of Theft in the Fourth Degree and resentencing him…