Public-domain · open source
OpenJurist

629 S.W.2d 457

State v. Johnson

Missouri Court of Appeals

Decided October 27, 1981

Missouri Court of Appeals · decided 1981-10-27

Relies on State v. Haggard

Decided 1981-10-27

REINHARD, Presiding Judge.

¶1Defendant was convicted by' a jury of robbery in the first degree and armed criminal action stemming from his robbery of a Wentzville service station on October 6, 1978. He was sentenced to two seven year sentences to be served consecutively. He appeals.

¶2In his sole point he contends that conviction of both charges based on the same incident violates his constitutional protection against double jeopardy, and asks that the armed criminal action conviction be vacated. The Supreme Court of Missouri agrees with his contention. State v. Haggard, 619 S.W.2d 44 (Mo.banc 1981). We therefore reverse the conviction for armed criminal action and affirm the conviction for robbery.

CRIST and SNYDER, JJ., concur.
/629/sw2d/457 · .json · Public domain