TIMOTHY TOWNSEND, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• K.C. v. State, 49 So. 3d 841 (Fla. 4th DCA 2010)
  …ade a comment at the hearing concerning the BB gun’s considerable weight and observed that it might be used to pistol-whip someone. An object can qualify as a deadly weapon based upon the manner in which it is used during a crime. See J.W. v. State, 807 So. 2d 148, 149 (Fla. 2d DCA 2002). Thus, when used as a bludgeon, a BB gun may qualify as a “deadly weapon.” See Mitchell v. State, 698 So. 2d 555 (Fla. 2d DCA) (holding BB gun used as a bludgeon that creates a gash on victim’s head could be found to be a dea…
• D.B.B. v. State, 997 So. 2d 484 (Fla. 2d DCA 2008)
  …on is an item which, when used in the ordinary manner contemplated by its design, will or is likely to cause death or great bodily harm; or any instrument likely to cause great bodily harm because of the way it is used during a crime. J.W. v. State, 807 So. 2d 148, 149 (Fla. 2d DCA 2002). Whether an item is a deadly weapon is a factual question to be determined under the circumstances, taking into consideration its size, shape, material, and the manner in which it was used or was capable of being used. Simmon…

Authorities Cited

• Leonard v. State, 760 So. 2d 114 (Fla. 2000)
• Paulk v. State, 765 So. 2d 147 (Fla. 1st DCA 2000)