State v. Clinkscales

LEVINE, Justice.

Sean Christopher Clinkseales appeals from a conviction of Class B felony robbery for which he was sentenced to the North Dakota State Penitentiary for a period of ten years, the first four to be served without parole, under NDCC § 12.1-32-02.1, the mandatory minimum sentencing statute for armed offenders. We hold the trial court did not err in refusing to give a lesser included offense jury instruction or in refusing to allow disclo sure of the mandatory minimum sentence in closing argument. We affirm.

In the early morning hours of August 22, 1994, Clinkscales, wearing dark…