This section contains the nature of the case and procedural background.

D and his nephew entered a Wells Fargo Bank wearing masks and carrying guns. The nephew jumped over the counter and emptied the cash drawers while D remained in the customer area. Once emptied, the nephew jumped back over the counter, and he and D ran out of the bank and into a waiting car. Ds were involved in a high-speed chase. They got away and got out of the car and ran behind a building where they were apprehended by a Sheriff’s Deputy. D was found guilty of second-degree robbery, evading a police officer, assault with a firearm on a peace officer, and misdemeanor resisting arrest. D was sentenced to 46 years in prison. D appealed.

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