State v. McCormick

11 JONES, Judge.

Defendant/appellant, John I. McCormick, appeals his conviction and sentence as a multiple offender for having committed the crime of armed robbery. McCormick was found guilty as charged and sentenced to serve forty-nine and one-half years imprisonment. After a review of the record, reverse.

FACTS AND PROCEDURAL HISTORY

John Powell testified at trial that the victim, Roy Smith, his stepson, had lived with him for approximately two years. Roy, who was nineteen years old at the time of trial, had the mental capacity of a seven-year-old because he suffered from Downs’s syndrome.…