State v. Benson

Michael Benson appeals his conviction in the Cuyahoga County Court of Common Pleas for aggravated robbery with a gun specification and possession of criminal tools. For the reasons more fully detailed below, the judgment must be reversed and appellant discharged.

I

Appellant was arrested March 16, 1984 by Lakewood police in connection with the armed robbery of a pedestrian in which he allegedly was the driver of the getaway car. Appellant’s two companions robbed a pedestrian while appellant, the driver, remained in the car. The victim testified he was robbed with a gun which he identified at…