GERBER, J.
The defendant argues that his conviction for robbery with a "weapon" should be reversed because the state presented evidence that the gun used in the robbery was not a firearm, but a toy gun. We agree with the defendant that such evidence, by itself, is insufficient to support a conviction for armed robbery with a "weapon." Therefore, we reverse and remand for entry of judgment and resentencing on the lesser included offense of robbery.
The state...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.