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STATE v. ARMSTRONG

No. C2-83-1200.

352 N.W.2d 479 (1984)

STATE of Minnesota, Respondent, v. Robert Lee ARMSTRONG, Appellant.

Court of Appeals of Minnesota.

July 31, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Thomas L. Johnson, Hennepin County Atty., Vernon E. Bergstrom, Asst. County Atty., Minneapolis, for respondent.

C. Paul Jones, State Public Defender, Mark F. Anderson, Asst. State Public Defender, Minneapolis, for appellant.

Considered and decided by POPOVICH, C.J., and PARKER and CRIPPEN, JJ., with oral argument waived.

OPINION

POPOVICH, Chief Judge.

Appellant Robert Armstrong was convicted by a jury of simple robbery in violation of Minn.Stat. § 609.24 (1982). On appeal, he contends the evidence was legally insufficient to justify his conviction, that at the very least his conviction should be reduced to attempted simple robbery, and that the sentence should be reduced from 46 to 23 months. We disagree and affirm.

FACTS

In the late evening of February...

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