STATE v. McCALL

No. 22346-KA.

577 So.2d 764 (1991)

STATE of Louisiana, Appellee, v. Frank Lee McCALL, Jr. a/k/a Cedric T. McCall, Appellant.

Court of Appeal of Louisiana, Second Circuit.

April 3, 1991.


Attorney(s) appearing for the Case

Indigent Defender Office by Richard E. Hiller, Shreveport, for appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, Paul J. Carmouche, Dist. Atty., Rebecca Irwin-Bush and Tommy J. Johnson, Asst. Dist. Attys., Shreveport, for appellee.

Before MARVIN, C.J., and SEXTON and BROWN, JJ.


MARVIN, Chief Judge.

After being convicted by a jury of simple robbery, Frank Lee McCall unsuccessfully sought to modify the verdict under CCrP Art. 821 C to "attempted felony theft."

In this appeal of his conviction, he contends, as he did below, that he was proved guilty only of "attempted felony theft" because the evidence did not prove one element of robbery, that he used force or intimidation when he grabbed $140 from a grocery store cash register after...

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