Rob I, Unloaded Firearms and Co-Defendants

This wikilog article is a draft, it was not published yet.

by: Ryan • February 2, 2014 • no comments

Here's a post I did back in 2012. Still holds up well, I think.

Here's my favorite paragraph from it:

And here's my final thought, which - unlike the above - I don't believe I've posted on before. If the state charges the gun minimum, Rob II is a lesser-included offense of Rob I. But the gun minimum is offender-specific. That means that it only - only - applies to the person who wielded the firearm. Therefore, my question is, can a co-defendant who didn't know (or more precisely, didn't intend) that the firearm was loaded be convicted of the lesser-included offense of robbery II if the "element/sentence enhancement" that makes that possible - by its own terms - only applies to the guy holding the gun?

If not, then the appropriate lesser-included offense to submit to the jury is robbery in the third degree. But only for those co-defendants who weren't waving around the firearm.