Darryl L. Davis v. State

Darryl Lewis Davis petitions this court for writ of habeas corpus regarding his convictions and life sentences in two cases. Davis was charged in both cases with robbery with a firearm. Neither the' informa-tions nor the evidence presented in Davis’s trials alleged that he used any'weapon other than a firearm. Sepárate juries found Davis guilty of robbery with a deadly weapon but made special findings that he did not possess a firearm during the commission of the crimes.

We hold that it was error to list robbery with a deadly weapon as a lesser-included offense on the verdict forms in these…