The State, Fann, the defendant, pointed a starter pistol at the victim during a robbery. Like the baton used by Burr during the coin theft, the starter gun used by Fann could not fire a bullet harmfully toward the victim, but it looked strikingly similar to a real gun. Additionally, Fann pointed the gun at the victim, but did so in a manner that did not indicate an intent to strike the victim with the object. This point is also in line with the way in which Burr used the stick to indicate Mr Shopkeeper to go into the cupboard, rather than indicating some sort of intention to hit Mr Shopkeeper and inflict injury on him. The trial court initially convicted Fann of armed robbery, but on appeal, the court concluded that the starter pistol Fann used was not used as an offensive weapon, thus overturning his armed robbery conviction. In a later but similar case, Choate v. The State, Choate robbed a bank with a toy gun, pointing the gun at the bank teller in the bank's drive-through line. Like the starter's gun in Fann, a toy gun is virtually harmless when fired. The Court of Appeals ruled in favor of Choate and, after referring to the precedent established in Fann v. State, concluded that Choate's original conviction for armed robbery should be overturned. This is yet another Georgia robbery case that provides insight into how the court will likely resentence Burr with weapons charges