People v. Harris

(Court opinion corrected 1/14/16.) Defendant was convicted, after severed but simultaneous bench trials with a co-defendant, of armed robbery.  (Co-defendant filed separate appeal.) State failed to present evidence that Defendant was armed with a gun that had weight or composition (metallic nature) of a dangerous weapon. Evidence presented by the State failed to prove, beyond a reasonable doubt, that the gun was a dangerous weapon because it could be used as a bludgeon. Remanded for entry of judgment of conviction for robbery and for appropriate sentence. (PIERCE and HYMAN, concurring.)