Merriweather v. State

OPINION

KIRSCH, Judge.

After a bench trial, Ryan Merriweather was convicted of conspiracy to commit robbery, 1 robbery, 2 and two counts of criminal confinement, 3 all as Class B felonies. He now appeals, raising the following two issues for our review:

I. Whether Merriweather’s convictions for robbery and criminal confinement violate double jeopardy where the confinement and the robbery occurred in the same incident.

II. Whether sufficient evidence supports Merriweather’s convictions as Class B felonies based on the use of a deadly weapon when he was armed with an inoperable pellet gun and his…