(484 P.2d 1207)
No. 23818.Supreme Court of Colorado.
Decided May 17, 1971.
Defendant was convicted of aggravated robbery and brought error.
Affirmed.
1. INSTRUCTIONS, CRIMINAL — Aggravated Robbery — Request — Simple Robbery — Lack of Evidence — Denial — Proper. Where defendant was charged with aggravated robbery and requested an instruction on simple robbery, held, since an examination of the record failed to disclose any evidence which would raise the issue of simple robbery, an instruction on simple robbery was not required.
Error to the District Court of the City and County of Denver, Honorable Gerald E. McAuliffe, Judge.
Rollie R. Rogers, State Public Defender, J. D. MacFarlane, Chief Deputy,
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Truman E. Coles, Public Defender in and for the City and County of Denver, Edward H. Sherman, Public Defender in and for the City and County of Denver, Michael L. Bender, Assistant, Robert T. Burns, Deputy, for plaintiff in error.
Duke W. Dunbar, Attorney General, John P. Moore, Deputy, James F. Pamp, Assistant, Aurel M. Kelly, Assistant, for defendant in error.
In Department.
Opinion by WILLIAM S. EAKES, District Judge.[*]
[1] Raymond T. Sisneros, who will hereafter be referred to as defendant, was tried and convicted of the crime of aggravated robbery, C.R.S. 1963, 40-5-1, and sentenced to not less than twelve nor more than eighteen years in the Colorado State Penitentiary.
The defendant requested an instruction on simple robbery. The only question here then is whether the evidence is such as to require an instruction on simple robbery. An examination of the record failed to disclose any evidence which would raise the issue of simple robbery Hollon v. People, 170 Colo. 432, 462 P.2d 490; Phillips v. People, 170 Colo. 520, 462 P.2d 594; and Johnson v. People, 172 Colo. 72, 470 P.2d 37.
The judgment is affirmed.
MR. JUSTICE KELLEY, MR. JUSTICE ERICKSON, and WILLIAM M. ELA, District Judge[*] concur.
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