Moore v. State

Marvin Moore appeals his conviction and sentence for armed robbery.1 We affirm the conviction but reverse the sentence and remand with directions to conform the written sentence to the oral pronouncement of sentence by the trial court.

One of the contested issues at trial was whether Mr. Moore robbed the victim with a “firearm” or with a “deadly weapon.” In an apparent tactical effort to avoid the second charge of possession of a firearm by a convicted felon, defense counsel took the position that Mr. Moore was carrying a BB gun which was a deadly weapon but not a firearm. After a bench…