A.H., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the finding of juvenile delinquency for aggravated assault [§ 784.021, Fla.Stat. (1989)] upon a holding that the trial court did not commit reversible error in denying the respondent’s motion for adjudication of non-delinquency. In particular, we conclude, contrary to the respondent’s contention, that the state established sufficient evidence from which a trier of fact could find that a “deadly weapon,” i.e., one likely to produce death or great bodily harm, Goswick v. State, 143 So. 2d 817 (Fla. 1962), was used in the assault committed by the respondent — to wit: a rock the size of a baseball which was thrown by the respondent at the complainant, hitting a nearby wall with a loud “boom” five to ten feet from where the complainant was standing. Compare EJ. v. State, 554 So. 2d 578, 580 (Fla. 3d DCA 1989) (Cope, J., concurring in part and dissenting in part); Carter v. State, 469 So. 2d 775, 777 (Fla. 1st DCA 1984), rev. denied, 480 So. 2d 1293 (Fla.1985); Wilton v. State, 455 So. 2d 1142 (Fla. 2d DCA 1984).
Affirmed.
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V.M.N. v. State, 909 So. 2d 953 (Fla. 4th DCA 2005)…uld be propelled at a distance from a device which is not an ordinary household utensil. Florida courts have labeled objects as deadly weapons because of how they were used by defendants when the objects were propelled but not sharp, A.H. v. State, 577 So. 2d 699 (Fla. 3d DCA 1991) (baseball-sized rock that hit a wall five to ten feet from victim), and when they were sharp but not propelled. McCoy v. State, 493 So. 2d 1093 (Fla. 4th DCA 1986) (small pocket knife, which was not a deadly weapon per se, that de…
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Rudin v. State, 182 So. 3d 724 (Fla. 1st DCA 2015)…Fla. 1st DCA 2007) (bleach); V.M.M. v. State, 909 So. 2d 953 (Fla. 4th DCA 2005) (blow gun and darts); Nguyen v. State, 858 So. 2d 1259 (Fla. 1st DCA 2003) (stun gun); Martin v. State, 747 So. 2d 474 (Fla. 5th DCA-1999) (pocketknife); A.H. v. State, 577 So. 2d 699 (Fla. 3d DCA 1991) (baseball-sized rock).…
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J.P. v. State, 128 So. 3d 61 (Fla. 3d DCA 2013)…Rogan v. State, 203 So. 2d 24, 25 (Fla. 3d DCA 1967) (determining that a one-foot diameter flower pot filled with dirt which was thrown at a window, breaking the glass but not penetrating the screen, was not a deadly weapon); but see A.H. v. State, 577 So. 2d 699 (Fla. 3d DCA 1991) (finding that a baseball-sized rock thrown with such force that when it landed five to ten feet from the victim that it produced a loud boom was a deadly weapon). The evidence adduced below was, therefore, insufficient to establis…
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- Goswick v. State, 143 So. 2d 817 (Fla. 1962)
- E.J. v. State, 554 So. 2d 578 (Fla. 3d DCA 1989)
- Wilton v. State, 455 So. 2d 1142 (Fla. 2d DCA 1984)
- Carter v. State, 469 So. 2d 775 (Fla. 1st DCA 1984)