State v. Encee

OPINION

WOOD, Judge.

Convicted of armed robbery, defendant appeals. She contends that the trial court erred in refusing to reduce the charge of “armed robbery” to “robbery.” In support of this contention she asserts that the object she held while committing the robbery was not positively identified as a deadly weapon.

Robbery is a third degree felony; robbery while armed with a deadly weapon is a second degree felony. Section 40A-16-2, N.M.S.A. 1953. A firearm, whether loaded or unloaded, is one of the meanings of “deadly weapon.” Section 40A-1-13(B), N.M.S.A. 1953.

There is evidence that prior…