Starling v. State

Branden Starling appeals his conviction for robbery with a weapon on the basis of a'legally inconsistent guilty verdict. We agree and conclude that his conviction must be reduced to simple robbery.

There is little question that the jury’s verdict in this case was inconsistent on its face. The jury found Appellant guilty of robbery with a firearm, but made a separate finding that Appellant did not “actually possess a firearm” during the commission of the offense. Recognizing the verdict’s inconsistency, the trial court reduced Appellant’s conviction to the lesser included offense of robbery…