State v. Ortiz

The Supreme Court vacated Defendant’s second-degree robbery conviction and remanded for entry of a judgment of conviction for third-degree robbery and resentencing. On appeal, Defendant argued that the district court erred in giving jury instructions on second- and third-degree robbery that failed to differentiate between those offenses. On review, the court held (1) the instruction on second-degree robbery as given did not accurately state the law; (2) the evidence was sufficient to support a finding of simple assault and conviction for third-degree robbery but insufficient to support the conviction for second-degree robbery; and (3) Defendant’s vagueness challenge to the robbery statutes failed. View "State v. Ortiz" on Justia Law