People v. Dixon

(Court opinion corrected 1/14/16.) Defendant was convicted, after bench trial, of armed robbery.  State failed to present evidence that Defendant was armed with a gun that had weight or composition (metallic nature) of a dangerous weapon.Defendant's statement was unrebutted that he carried a BB gun during the robbery, and  that the BB gun broke when it was dropped. Evidence presented by the State failed to prove, beyond a reasonable doubt, that Defendant was armed with a gun that was a dangerous weapon because it could be used as a bludgeon. Remanded for entry of judgment of conviction for robbery and appropriate sentence. (PIERCE and HYMAN, concurring.)