State v. Daniel

OPINION

HATHAWAY, Judge.

Appellant was convicted after a jury trial of conspiracy to commit armed robbery and two counts of armed robbery, all class 2 felonies, and conspiracy to commit first-degree burglary, first-degree burglary and two counts of aggravated robbery, all class 3 felonies. The jury found one prior, non-dangerous class 3 felony, and the court imposed concurrent sentences of 12 years each on the class 2 felonies and 10 years each on the class 3 felonies. We reverse.

FACTS

Two men with nylon stockings covering their heads robbed a Fry’s Food Store at gunpoint and escaped in a car.…