D.M.H., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
D.M.H., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
717 So. 2d 149
Florida District Court of Appeal, Fifth District (1998)
Positive Treatment
Cited by 3 cases
Opinion of the Court
ORFINGER, M., Senior Judge.
Appellant appeals from an adjudication of delinquency after he was found guilty of aggravated assault on a law enforcement officer and possession of a firearm by a minor. We affirm.
Whether or not the semi-automatic handgun which the officer testified appellant pointed at him, and which was found fully loaded, was a deadly weapon was a question for the jury, Dale v. State, 703 So. 2d 1045 (Fla.1997), despite the lack of testimony that the gun was operable. We find no merit in appellant’s remaining point on appeal.
AFFIRMED.
GOSHORN and PETERSON, JJ., concur.
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Johnson v. Terry Hunt Constr. Co. & Superior, 878 So. 2d 1282 (Fla. 1st DCA 2004)…an order or notice on an attorney if the administrative complaint has been filed and served, and if the attorney has appeared in the case.”). For the same reason discussed above, the E/C’s reliance on Ford v. Public Employees Relations Commission, 717 So. 2d 149, 150 (Fla. 5th DCA 1998), is misplaced because that argument does not take into account the requirement of section 440.25(4)(e) that the order be sent to a claimant’s attorney of record. Also, in relying on Ford, the E/C disregard the holding of Tay…
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Evelyne Etienne v. Simco Recycling Corp., 721 So. 2d 399 (Fla. 3d DCA 1998)…2d 235 (Fla. 3d DCA 1959), cert. denied, 117 So. 2d 495 (Fla.1959), the situation is not “irremediable.” See Millinger v. Broward County Mental Health Div. and Risk Management, 672 So. 2d 24 (Fla.1996); Ford v. Public Employees Relations Commission, 717 So. 2d 149 (Fla. 5th DCA 1998). Under similar circumstances, in untimely appeals from circuit court orders, the appropriate remedy has been to dismiss the untimely appeal without prejudice, allowing the appellant to pursue relief in the lower court by motion…
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Suit v. State, 901 So. 2d 986 (Fla. 4th DCA 2005)…v. State, 869 So. 2d 1240 (Fla. 4th DCA 2004); Stanley, 757 So. 2d at 1275; E.S. v. State, 886 So. 2d 311 (Fla. 3d DCA 2004); J.W. v. State, 849 So. 2d 1111 (Fla. 4th DCA 2003); King v. State, 779 So. 2d 466, 467 (Fla. 2d DCA 2000); D.M.H. v. State, 717 So. 2d 149 (Fla. 5th DCA 1998). These cases, however, involve items that are either commonly recognizable, like firearms or knives, or items that were actually recovered and placed in evidence, as was the case in Dale. Here, the device was not available for id…
Authorities Cited
- Dale v. State, 703 So. 2d 1045 (Fla. 1997)