7-13-09 State v. Maribel Rolon a/k/a Rodriguez (A-45-08)
For first-degree robbery, if a weapon possessed by a defendant
was not a firearm, the defendant cannot be considered to have
been armed with a deadly weapon unless he or she had immediate
access to the potential weapon and an intent to use it in a way
that was capable of producing death or serious bodily injury.
Because the judge’s jury instruction in this case eliminated the
issue of “intent,” a proper evaluation of the evidence was
precluded and the first-degree robbery conviction must be
reversed.
Richard Sadowski
Assistant Editor
