P. v. Mitchell
Jeremy Matthew Mitchell appeals from a judgment after a jury convicted him of aggravated assault and attempted second degree robbery. Mitchell argues insufficient evidence supports his conviction for attempted second degree robbery, the trial court erred in failing to instruct the jury sua sponte on the lesser included offense of attempted theft, the court erred in failing to stay the sentence on his conviction for attempted second degree robbery, and the abstract of judgment must be corrected. Although we agree the sentence on his attempted robbery conviction must be stayed and the abstract of judgment must be corrected, none of his other contentions have merit. We affirm the judgment as modified.
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