No use of a weapon without knowledge
In Brooks v. State, the Nevada Supreme Court today reversed convictions for robbery with the use of a deadly weapon and conspiracy to commit robbery. The Court found that Brooks was entitled to have the jury instructed that, to find that an unarmed offender “used” a weapon for purposes of the sentence enhancement for use of a weapon, the unarmed offender had to have knowledge of the use of the deadly weapon by another principal.
Additionally, Brooks was entitled to have the jury instructed that, absent an agreement to cooperate in achieving a criminal purpose, mere knowledge of, acquiescence in, or approval of that purpose does not establish conspiracy.
