Rust v. State

George Rose Smith, Justice.

On September 30, 1976, the appellant, after having unsuccessfully attempted to cash a bad check at a food store, made his escape by threatening a clerk with a gun. Charged with aggravated assault and with the use of a firearm, Rust pleaded guilty to both charges and was sentenced to 3 years’ imprisonment for the aggravated assault and to 5 years’ imprisonment for the use of a firearm, the sentences to run consecutively. For reversal he contends that the enhanced punishment for the use of a firearm should not be applicable, because the use of the firearm was an…