Missouri Court of Appeals, Eastern District / Apr 24, 2018
State of Missouri, Respondent, vs. Robert Whittaker, Appellant.
Robert Whittaker appealed his convictions for first-degree robbery and armed criminal action, arguing insufficient evidence and a clerical error in his sentencing judgment. The trial court, in a bench trial, found Whittaker guilty and sentenced him to concurrent fifteen-year terms, also finding him a prior and persistent offender. The appellate court affirmed the convictions, finding sufficient evidence that Whittaker used a knife to overcome resistance during the course of stealing a lawn mower. However, the court modified the judgment by deleting the finding that Whittaker was a prior and persistent offender, as the trial court never made such a finding on the record.