Second District Appellate Court Permits Witness’ Prior Armed Robbery With a Firearm Conviction to Argue That His (And the Defendant’s) Gun Was Real

In this case, the defendant and his accomplice robbed a store. The State pursued a theory of accountability against the defendant and worked out a plea deal so the co-defendant, who was the principal who had the weapon, testified against him.

The defense was that the weapon wasn’t real, but rather, a BB-gun. The State presented another conviction where the co-defendant used a gun in an armed robbery to argue that, therefore, the co-defendant used a real weapon in this instance as well. The trial court permitted this use.

The appellate court affirmed the use of this type of evidence.

The case is People v. Clark.

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