R.T., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The juvenile appeals from an adjudication of delinquency for carrying a concealed weapon. We reverse.
Section 790.001(3)(a), Florida Statutes (1981) defines a concealed weapon as follows:
“Concealed weapon” means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or any other deadly weapon carried on or about a person in such a manner as to conceal said weapon from the ordinary sight of another person.
Under the statute, the instrument carried by the juvenile may only be construed as a concealed weapon if it is either a “dirk” or “any other deadly weapon.” There was no proof adduced at trial that the instrument was a “straight stabbing weapon” so as to constitute a dirk, see Miller v. State, 421 So. 2d 746, 747, n. 1 (Fla. 4th DCA 1982), nor was there testimony that the juvenile intended to use the instrument as a deadly weapon. See McCray v. State, 358 So. 2d 615 (Fla. 1st DCA 1978).
Reversed.
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Citator
Cited By
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Robinson v. State, 547 So. 2d 321 (Fla. 5th DCA 1989)…nstructed with the purpose of causing death or great bodily harm and the ordinary contemplated social use is constructive. An object can also be construed a deadly weapon because of its use or threatened use during the alleged crime. R.T. v. State, 448 So. 2d 604 (Fla. 3d DCA 1984); Duba v. State, 446 So. 2d 1167 (Fla. 5th DCA 1984); McCray v. State, 358 So. 2d 615 (Fla. 1st DCA 1978). A razor blade, like a nail file, keys or hat pin, is a common household item which when carried on or about a person, such a…
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P.C. v. State, 589 So. 2d 438 (Fla. 3d DCA 1991)…to a total lack of evidence in the record to establish, or even suggest, that the letter opener in question fits the definition of being a “deadly ” weapon or “that the juvenile intended to use the instrument as a deadly weapon”. See R.T. v. State, 448 So. 2d 604 (Fla. 3d DCA 1984); Robinson v. State, 547 So. 2d 321 (Fla. 5th DCA 1989); and McCray v. State, 358 So. 2d 615 (Fla. 1st DCA 1978). Since this record is devoid of any evidence demonstrating that the appellant used the letter opener in such a manner…
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T.S. v. State, 734 So. 2d 1061 (Fla. 1st DCA 1998)…arm when used in the ordinary and usual manner contemplated by its design and construction, or an object which is used or threatened to be used during a crime in such a way that it would be likely to cause death or great bodily harm); R.T. v. State, 448 So. 2d 604 (Fla. 3d DCA 1984) (reversing delinquency adjudication where there was no testimony that the juvenile intended to use the instrument as a deadly weapon). REVERSED AND REMANDED. JOANOS, KAHN and DAVIS, JJ., concur.…
Authorities Cited
- Eldridge A. McCRAY v. State, 358 So. 2d 615 (Fla. 1st DCA 1978)
- Miller v. State, 421 So. 2d 746 (Fla. 4th DCA 1982)