STATE OF FLORIDA, APPELLANT,
v.
JOHN HARVEY JEFFERS, APPELLEE
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Florida's appellate court reversed the trial court's dismissal of an aggravated battery charge, holding that a pellet rifle may constitute a deadly weapon under Florida law depending on how it is used, making the question of whether it qualifies a jury question rather than a matter of law.
A pellet rifle may constitute a deadly weapon under Florida Statutes section 784.045 depending on the manner in which it is used, and whether a particular device qualifies as a deadly weapon is a jury question.
[1] Whether a pellet rifle or similar air-powered weapon constitutes a deadly weapon under Florida law depends on the manner in which it is used and is a question for the jur…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a BB gun, an air or gas operated gun designed to expel lead or other metallic shot, was capable of inflicting great bodily harm and thus may fit the definition of a deadly weapon as used in section 790.001(13) depending upon the manner in which it is used”
Court's adoption of Depasquale reasoning regarding whether air-powered weapons can be deadly weapons
The State charged Jeffers with aggravated battery by use of a pellet rifle as a deadly weapon. The trial court granted Jeffers' motion to dismiss the …
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CAMPBELL, M., Associate Judge.
The State of Florida brings this appeal from an order of the trial court which granted appellee’s motion to dismiss a charge of aggravated battery. We reverse.
Our sole inquiry is limited to the question of whether or not a pellet rifle may constitute a deadly weapon to support an information which charges appellee with a violation of section 784.045, Florida Statutes (1983) by means of the commission of an aggravated battery by use of a “deadly weapon, to-wit: a pellet rifle.” In Depasquale v. State, 438 So. 2d 159 (Fla. 2d DCA 1983), the second district had occasion to consider the same precise question in regard to the definition of a deadly weapon as enumerated in section 790.001(13), Florida Statutes (1981). The court in Depasq-uale concluded that a BB gun, an air or gas operated gun designed to expel lead or other metallic shot, was capable of inflicting great bodily harm and thus may fit the definition of a deadly weapon as used in section 790.001(13) depending upon the manner in which it is used. That same rationale is applicable to the term “deadly weapon” as used in section 784.045 and we therefore adopt it. The ultimate question of whether a device can be classified as deadly, depending upon its use, is a jury question. Duba v. State, 446 So. 2d 1167 (Fla. 5th DCA 1984).
The order of the trial court is reversed and this case is remanded for further proceedings consistent herewith.
REVERSED AND REMANDED.
DAUKSCH and COWART, JJ., concur.
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Citator
Cited By
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Dale v. State, 703 So. 2d 1045 (Fla. 1997)…. See, e.g., Dale v. State, 669 So. 2d 1112 (Fla. 1st DCA 1996) (whether a BB gun is a deadly weapon is a jury question); Gooch v. State, 652 So. 2d 1189 (Fla. 1st DCA 1995) (whether a BB gun is a deadly weapon is a jury question); State v. Jeffers, 490 So. 2d 968 (Fla. 5th DCA 1986) (whether a pellet gun is a deadly weapon is a jury question); Duba v. State, 446 So. 2d 1167 (Fla. 5th DCA 1984) (whether a BB gun is a deadly weapon is a jury question). See also Lynn v. State, 567 So. 2d 1043 (Fla. 5th DCA 1990…
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Mitchell v. State, 698 So. 2d 555 (Fla. 2d DCA 1997)
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In the Interest of W.M., 491 So. 2d 1263 (Fla. 4th DCA 1986)…(Grim.) p. 88. A BB gun has been found to be a deadly weapon, as it has the capability of inflicting great bodily ham. Duba v. State, 446 So. 2d 1167 (Fla. 5th DCA 1984); Depasquale v. State, 438 So. 2d 159 (Fla. 2d DCA 1983). In State v. Jeffers, 490 So. 2d 968 (Fla. 5th DCA 1986), it was held that a pellet gun may constitute a deadly weapon. Typically, these types of guns expel metallic shot, lead, or projectiles by operation of air or gas. The appellant argues that because the state alleged in the infor…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Duba v. State, 446 So. 2d 1167 (Fla. 5th DCA 1984)
- Depasquale v. State, 438 So. 2d 159 (Fla. 2d DCA 1983)