Brooks v. State

OPINION

The primary issue in this appeal is whether the district court erred in refusing to instruct the jury what it was required to find to subject an unarmed offender to the deadly weapon enhancement in accordance with Anderson v. State. Although appellant Jamón Brooks’ proposed deadly weapon enhancement instruction was a correct statement of the law, we take this opportunity to clarify the test used to determine when an unarmed offender is subject to the deadly weapon enhancement because the test in Anderson is based on the elements of constructive possession rather than “use” of a deadly…