Hollingsworth v. State
Hollingsworth v. State
Opinion of the Court
The defendant, Lonnie Hollingsworth, appeals his judgment and sentence for attempted robbery with a deadly weapon. He contends that the evidence was not sufficient to support a finding that he put the victim in fear or that he used a deadly weapon. Although we reject the first argument, we conclude that the trial court erred as a matter of law by allowing the jury to determine whether the defendant carried a deadly weapon. The state proved that the defendant brandished a metallic object which may have been a door handle. The object was not used in a way likely to cause death or great bodily harm so it does not qualify as a deadly weapon. Accordingly, we reverse with instructions to enter a conviction for the lesser included offense of robbery with a weapon. Because we are not able to determine whether the trial judge would have imposed the same sentence on the lesser charge, we remand for resentencing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.