Luchak v. State

DOWNEY, Judge.

Luchak was charged with armed robbery and grand theft. By agreement, the two points were severed and the case proceeded on the armed robbery count. At the close of the state’s case in chief and at the close of all of the evidence, Luchak moved for a judgment of acquittal. He contended then and now that the state failed to prove that a firearm was used. Those motions were denied, and the jury ultimately returned a verdict of guilty of robbery with a weapon, a lesser included offense of armed robbery.

On appeal, Luchak presents two points: one, that the trial court erred in denying…