State v. Anderson

I concur that the trial court erred in admitting the Beretta gun brochure into evidence, but dissent from the conclusion that the evidentiary error, properly preserved for review, was not prejudicial.

When determining legal relevancy, the principal opinion finds that the prejudicial effect of admitting the gun brochure outweighs its probative value. I agree with the majority’s analysis up to this point. Because it does not matter whether the gun used was real, I also concur with the majority with respect to the first degree robbery conviction.

As to the armed criminal action, however, the…