State v. Williamson

Syllabus

robbery with a dangerous weapon fatal variance argument not preserved for appellate review evidence of dangerousness required to support submission of robbery with a dangerous weapon charge to jury evidence that gun was inoperable or non-deadly insufficient on its own to establish dangerousness of gun absence of evidence of dangerousness of inoperable or non-deadly gun required dismissal of robbery with a dangerous weapon charge improper judicial comment on the evidence prejudice showing not met by judicial comment on the evidence no record of required habitual felon colloquy required remand for habitual felon colloquy or proof of habitual felon status