State v. Olin

BURNETT, Judge.

Danny Lee Olin stands convicted by a jury of robbing a convenience store and of displaying a firearm while committing the crime. On appeal Olin presents three issues: (1) Does the evidence support the jury’s determination that Olin displayed a “firearm” as defined by the applicable statute? (2) Does Idaho’s robbery statute embody a common law element of specific intent permanently to deprive an owner of his property? (3) If the statute does contain such an element, should the trial judge’s refusal to so instruct the jury be treated as harmless error? For reasons explained…