James Gibson v. Garth Courtois and Sally Courtois

Appellant seeks review of his conviction for armed robbery; and of his sentence, as an habitual violent felony offender, to forty years in prison. He raises four issues: (1) whether the trial court erred in admitting evidence of other crimes, wrongs or acts; (2) whether the trial court erred in admitting out-of-court and in-court identifications; (3) whether the trial court erred in denying a motion for a judgment of acquittal as to that portion of the information which charged that the robbery had been committed with a "deadly weapon"; and (4) whether, because appellant had been convicted of a first degree felony punishable by a term of years not exceeding life, the trial court erred in sentencing appellant as an habitual violent felony offender. We find the first two grounds to be without merit, and affirm as to them, without discussion. We reverse and remand, with directions, as to the third ground, thereby rendering the fourth ground moot.