Opinion

State v. Bonner

  • 118 Ohio App. 3d 815
  • 694 N.E.2d 125
Court
Ohio Court of Appeals
Filed
Mar 19, 1997
Status
Published
Author
Bettman
On the bench
Gorman, Bettman, Shannon
Cited by
5 cases
Authority
More cited than 43.0%

holding that a robbery while the defendant held a metal bludgeon constituted sufficient evidence as a matter of law to submit the issue to the jury of whether the bludgeon was actually used for the purposes of aggravated robbery

How later courts described this case

  • holding that a robbery while the defendant held a metal bludgeon constituted sufficient evidence as a matter of law to submit the issue to the jury of whether the bludgeon was actually used for the purposes of aggravated robbery
  • stating that a toy metal gun could be used as a deadly weapon because it could be used as a bludgeon

Written by the judges who cited it.

The opinion

Marianna Brown Bettman, Presiding Judge,

dissenting.

I can accept the fact that in certain circumstances a toy gun could be a deadly weapon, as statutorily defined in R.C. 2923.11(A), but this is not such a case. The record in this case uncontrovertedly establishes that the small toy gun was not used as a bludgeon, and to me, the testimony of the police officer that such a gun could be used as a bludgeon does not satisfy the elements required by the statute. I believe, therefore, that in the absence of any evidence that appellant actually used the toy gun as a bludgeon, the evidence is insufficient in law to sustain a conviction for aggravated robbery. I would sustain the sole assignment of error. See, generally,

State v. Luckey

(App. 1974), 69 O.O.2d 111 , 322 N.E.2d 354 (interpreting earlier statute, but indicating result would be the same under present one);

State v. Deboe

(1977), 62 Ohio App.2d 192 , 16 O.O.3d 467 , 406 N.E.2d 536 ;

State v. McKnight

(Feb. 5, 1996), Stark App. No. 1995CA00241,

*825

unreported, 1996 WL 74083 (Gwin, P.J., dissenting);

State v. Nelson

(Aug. 18, 1995), Montgomery App. No. 14775, unreported, 1995 WL 491084 (adopting this analysis but affirming conviction for aggravated robbery on other grounds).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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