State v. Myers

FOIL, Judge.

Defendant, Johnny J. Myers, was charged by bill of information with armed robbery, in violation of La.R.S. 14:64. Defendant pled not guilty and waived his right to a jury trial. After a judge trial, defendant was found guilty of the responsive offense of first degree robbery and sentenced to seven years at hard labor without benefit of parole, probation or sus*978pension of sentence. Defendant was given credit for time served. He appeals, urging two assignments of error. Finding merit to his argument, we reverse.

FACTS

The victim, David Wernert, was working as clerk in the Junior Food…