State v. Papadopoulos

Defendant Penny Marie Kantas appeals her conviction, following jury trial, for first degree robbery, with a special weapons verdict pursuant to RCW 9.95.040 that she was armed with a deadly weapon, a handgun. We reverse her conviction and remand for resentencing for second degree robbery without a deadly weapon finding.

Kantas, Patricia Papadopoulos, and Theofanis Papadopoulos were each charged with first degree robbery while armed with a deadly weapon. Mr. and Mrs. Papadopoulos entered guilty pleas prior to trial and testified for the State.

On November 24, 1980, an employee of Kenmore Lanes…