Tookes v. State

Tookes appeals his conviction and sentence for robbery with a firearm. We reverse.

Marvin Carver was robbed of his wallet by a man who appeared to be holding a handgun underneath a piece of cloth. Carver could see the silver tip of a barrel sticking out from underneath the cloth. He admitted he could not see enough of the gun to determine whether it was a real gun or a plastic gun. However, he claimed to have seen and heard the man cock the gun underneath the cloth. Carver was further convinced the man had a gun when the man advised him: “Don’t do something stupid, give me your wallet, don’t…