State v. Bilal

Cleophas Dean, Jr., appeals his conviction for first degree robbery. He contends the court erred in giving a special verdict instruction.

Dean's conviction results from his participation with another man in an armed robbery of a restaurant. Both were apprehended and charged with first degree robbery in an information that also included a deadly weapon enhancement allegation. The other man pleaded guilty and Dean was tried by jury. The trial court gave instruction 15, virtually identical to WPIC 2.07 (Supp. 1986), which reads as follows:

For purposes of the special verdict

A deadly weapon is an…