IN THE INTEREST OF G.F., A CHILD
Explore caselaw by topic → Browse Anders Brief Procedure cases and more on FLexlaw
PER CURIAM.
AFFIRMED.
LETTS and POLEN, JJ., concur.
FARMER, J., dissents with opinion.
FARMER, Judge,
dissenting.
I cannot agree with my colleagues that there is no “arguable issue for appeal” in' this case. See In re Appellate Court Response to Anders Briefs, 581 So. 2d 149, 151 (Fla.1991). For one, I see an issue as to whether a BB gun is a “deadly weapon” within the particular meaning of section 784.045(1)(a), Florida Statutes (1991). Although we ourselves have held that a BB gun is a deadly weapon for purposes of aggravated assault within the meaning of section 784.021(1)(a), Florida Statutes (1991), see In the Interest of W.M., 491 So. 2d 1263 (Fla. 4th DCA 1986), I am not sure that what constitutes a deadly weapon for assault purposes is identical to what constitutes a deadly weapon for battery purposes. Certainly, we have not so decided. But see Emshwiler v. State, 443 So. 2d 488 (Fla. 2d DCA 1984).
Given the precise purpose of Anders briefs, I should like to see a lawyer develop the issue rather than have us decide that the issue is so established as to be unarguable. I therefore dissent from the acceptance of this Anders brief and the discharge of the Public Defender.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Burnette v. State, 658 So. 2d 1170 (Fla. 2d DCA 1995)…ther money or drugs before stopping him. Although our court has indicated a reluctance to approve of a stop and search by an officer who has not actually seen the money or drugs exchange hands in this kind of drive-up situation, see Messer v. State, 609 So. 2d 164 (Fla. 2d DCA 1992); State v. Clark, 605 So. 2d 595 (Fla. 2d DCA 1992), other factors are important to our assessment of whether the stop is reasonable. Of significance are the officer’s narcotics experience; the reputation of the location for drive-…
-
Coney v. State, 820 So. 2d 1012 (Fla. 2d DCA 2002)…ransaction. Unlike the situations in D.A.H. and Revels, the officers here observed a single [*1015] suspicious event. They did not see Coney pass drugs or other contraband to the person in the car. See Burnette, 658 So. 2d at 1171; Messer v. State, 609 So. 2d 164, 165 (Fla. 2d DCA 1992). Both officers admitted that before Coney spit out the marijuana, they did not have probable cause to arrest him. One officer felt that he had a basis to search Coney. The second officer stated that he had reasonable suspicio…
-
Nomar Santiago v. State, 941 So. 2d 1277 (Fla. 4th DCA 2006)…6 So. 2d at 645 (finding reasonable suspicion not supported where an officer, with little experience, while patrolling in a high drug area, observed a hand-to-hand transaction between two men, but was unable to make out any object); Messer v. State, 609 So. 2d 164, 165 (Fla. 2d DCA 1992) (holding an officer conducting surveillance in a high crime area who witnessed arm movement between suspects did not have reasonable suspicion). In State v. Isaacs, 578 So. 2d 523 (Fla. 4th DCA 1991), we upheld a trial court…
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
- In re App. Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991)
- Dude Emshwiller v. State, 443 So. 2d 488 (Fla. 2d DCA 1984)
- In the Interest of W.M., 491 So. 2d 1263 (Fla. 4th DCA 1986)