Cox was convicted of first-degree aggravated robbery and this appeal followed. I O N Cox challenges his conviction by arguing that the district court erred when it refused to submit an instruction on the offense of attempted-aggravated robbery to the jury, we also address the issue of sufficiency of the evidence. See Minn. R. Crim. P. 28.02, subd. Here, Cox was charged with one count of first-degree aggravated robbery in violation of Minn. Stat.
Aggravated robbery occurs when a person is armed with a dangerous weapon while committing a robbery.
The record is replete with testimony from the robbery victim, Andre Fisher, which demonstrates that Cox did not display the gun or refer to it in any manner until after Fisher had turned the marijuana over to the men. Then asked me if I had any money. Then pulled out a gun. Now, you a second ago said that he asked you for money and asked you if you had marijuana and then pulled a gun. Yeah, when I first seen him or whatever I gave him the marijuana.