People v. Clark

Defendant was convicted, after jury trial, of armed robbery, for holding up pizza delivery driver, pointing rifle at him. Evidence at trial, viewed in light most favorable to the State, was sufficient to prove beyond a reasonable doubt that Defendant carried a firearm. Evidence was not closely balanced as to that issue, as testimony of victim and his co-worker was unequivocal and sufficient to establish that Defendant was armed with firearm during robbery. The failure to give a jury instruction defining "firearm" was not plain error. Failure of defense counsel to tender a jury instruction did not prejudice Defendant.(O'BRIEN and SCHMIDT, concurring.)