Whitfield v. State

WALSH, Justice:

The appellant, Alexander Whitfield, was convicted after a jury trial of robbery first degree and possession of a deadly weapon during the commission of a felony. He appeals only the weapon conviction. We reverse that conviction.

I

The particulars of the robbery incident are not in serious dispute. On August 8, 1985, Whitfield approached an automobile containing three people. The State claims he pointed a sawed-off shotgun at the driver, Leon Green, ordered the occupants out of the car, and ordered Green to leave the keys in the car or he’d “blow his head off.” After the occupants…