State v. Johnson
1992 WL 81925, 598 So.2d 1152 (1992)
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Rule of Law:
An ordinary object not inherently dangerous can be classified as a 'dangerous weapon' for the purposes of an armed robbery conviction if it is used in a manner that is calculated or likely to produce death or great bodily harm.
Facts:
- On March 19, 1990, Richard Barrios was working as a clerk at a Shoprite convenience store.
- A man, later identified as Fred Johnson, Jr., entered the store, placed a soft drink on the counter, and then left.
- Johnson re-entered the store, approached the counter, and handed Barrios a dollar for the soft drink.
- When Barrios opened the cash register, Johnson stabbed him in the right hand with a red ink pen, breaking the skin and causing it to bleed.
- Johnson shouted, "Get back bitch before I kill you," took all the money from the cash register, and fled the store.
- Police later recovered the soft drink bottle from the counter, which Johnson had handled.
- Johnson was arrested a few hours later, matching the physical and clothing description provided by Barrios.
Procedural Posture:
- The State of Louisiana charged Fred Johnson, Jr. with armed robbery in a trial court.
- Johnson pled not guilty and was tried before a jury.
- The jury returned a verdict of guilty as charged.
- The trial court sentenced Johnson to fifteen years at hard labor.
- Johnson, as appellant, appealed his conviction and sentence to the Court of Appeal of Louisiana, First Circuit, against the State of Louisiana, the appellee.
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Issue:
Does stabbing a victim with an ink pen during a robbery, thereby breaking the skin and causing bleeding, constitute being 'armed with a dangerous weapon' as required for a conviction of armed robbery under Louisiana law?
Opinions:
Majority - Crain, Judge.
Yes, stabbing a victim with an ink pen during a robbery constitutes being armed with a dangerous weapon. An instrumentality can be a dangerous weapon based not on its inherent nature, but on the manner in which it is used. The statutory definition of a dangerous weapon includes any instrumentality which, in the manner used, is calculated or likely to produce death or great bodily harm. The court found that Johnson stabbing the victim's hand with enough force to break the skin and cause bleeding was a manner of use likely to produce great bodily harm. The dangerousness of the object due to its use is a factual question for the jury to decide, and the evidence supported their conclusion. The court also held that the victim's in-court identification was admissible despite his previous failures to identify Johnson in pretrial lineups, as such failures go to the weight of the testimony, not its admissibility, and can be addressed through cross-examination.
Analysis:
This decision solidifies the legal principle in Louisiana that the classification of a 'dangerous weapon' is highly fact-specific and dependent on its use rather than its intrinsic characteristics. It empowers juries to find that everyday objects can satisfy the 'dangerous weapon' element of armed robbery, thereby broadening the scope of the statute. This precedent makes it easier for prosecutors to pursue armed robbery charges in cases where a defendant uses force with a seemingly innocuous object, focusing the legal inquiry on the potential for harm created by the defendant's actions.
