State v. Emerson

OPINION

TAYLOR, Presiding Judge.

Jack Scott Emerson ("Emerson”) appeals from the sentence imposed following his plea of guilty to one count of accomplice to armed robbery, a class 2 dangerous felony. The issue raised on appeal is whether there was a sufficient factual basis of “deadly weapon or dangerous instrument” to enhance the sentence for armed robbery. Because we find that a loaded pellet gun is a dangerous instrument and that there was a sufficient factual basis establishing the pellet gun was loaded, we affirm Emerson’s sentence.

FACTS

On November 17, 1990, Emerson and co-defendant…