Stewart

Statement of the Case

Lina Stewart, appellant, was charged by information with attempted robbery, assault with a deadly weapon and conspiracy to commit robbery. In addition, she was charged with using a weapon in the commission of the attempted robbery. Appellant pleaded not guilty. Appellant’s motion to set aside the information was denied.

A jury trial resulted in guilty verdicts on all counts and an affirmative finding on the use allegation. Probation was denied. The sentences were ordered to run concurrently, amounting to a total of three years to be spent in state prison.

Statement of Facts

On April 17, 1981, appellant and Patricia Hardeman entered into an agreement to commit a robbery. That same evening appellant and Hardeman found Robert Ussery and attempted forcibly to take his wallet. In the process of grabbing at Ussery and reaching into his pockets, appellant discovered a knife which she used to stab Ussery in the abdomen. After being stabbed Ussery managed to get the knife back from appellant and yell for help. The altercation continued until Officer Harris heard the commotion, approached the scene and took all three parties into custody.

Judge’s…