Wilson v. State

Victor Keith Wilson appeals the denial of his motion for post-conviction relief. His motion raised three claims of ineffective assistance of counsel, only one of which merits discussion. Appellant, who was charged with and convicted of robbery with a weapon (a cap gun), argues that his trial counsel was ineffective for failure to argue in his motion for judgment of acquittal that the robbery was not accomplished with a weapon, because a cap gun does not meet the definition of a weapon. Therefore, at most, he was only guilty of robbery. The trial court summarily denied the motion ruling that…