State v. Sims

On January 13, 1983, the driver of a Rainbow Bread Company truck was robbed at gunpoint by two men. The victim identified appellant as one of the perpetrators; however, he was unable to give a description of the second individual. It is uncontroverted that appellant was not identified as having been the firearm wielding robber. Subsequently, appellant was indicted for aggravated robbery, in violation of R.C. 2911.01, with the specification of having a firearm “on or about his person, or under his control,” under R.C. 2929.71. He pleaded not guilty. The second individual was never apprehended.

P…