Johnson v. State

OPINION

The issue in this case is whether there is sufficient evidence to affirm the jury’s deadly-weapon finding elevating robbery to aggravated robbery. Because we conclude that there is and that the court of appeals erred to hold otherwise, we will reverse its judgment and remand this cause for the lower court to address Appellant’s remaining points of error.

BACKGROUND

Procedural History

Kevin Kimp,1 Appellant, was charged by indictment with aggravated robbery after he robbed two cashiers working at a Race-Trac convenience store using a butter knife. The indictment alleged that Kimp…