RICHARD C. GOINS, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• State v. Walthour, 876 So. 2d 594 (Fla. 5th DCA 2004)
  …hich should not have been resolved by a motion to dismiss. To be convicted under the statute, the defendant must have carried and concealed one of the items listed in the statute, or a weapon considered to be a “deadly weapon.” Hutchinson v. State, 816 So. 2d 1186 (Fla. 2d DCA 2002); Nystrom v. State, 777 So. 2d 1013 (Fla. 2d DCA 2000). A deadly weapon is any instrument which will likely cause death or great bodily harm when used in the ordinary manner contemplated by its design and construction. Hutchinson;…
• J.M.P. v. State, 43 So. 3d 189 (Fla. 4th DCA 2010)
  …ce, or other deadly weapon.” § 790.001(13), Fla. Stat. (2008) (emphasis added). Again, since a BB gun is not enumerated, in order to be prohibited under section 790.115(2), the subsection charged, it must be a deadly weapon. See Hutchinson v. State, 816 So. 2d 1186, 1187 (Fla. 2d DCA 2002) (reversing conviction for robbery with a weapon, to wit a starter pistol, because the starter pistol did not fall within the definition of weapon supplied in section 790.001(13), unless the pistol was considered deadly, and…
• Tribbitt v. State, 984 So. 2d 624 (Fla. 2d DCA 2008)
  …finition of ‘weapon’ provided in section 790.001(13) to determine whether a particular object constitutes a ‘weapon’ for purposes of section 812.13(2)(b).” Williams v. State, 651 So. 2d 1242, 1242-43 (Fla. 2d DCA 1995); see also Hutchinson v. State, 816 So. 2d 1186, 1187 (Fla. 2d DCA 2002) (applying the definition of “weapon” under section 790.001(13) to overturn a conviction for robbery with a weapon). Section 790.001(13), Florida Statutes (2005), defines “weapon” as “any dirk, metallic knuckles, slungshot,…

Authorities Cited

• State v. Thompson, 444 So. 2d 542 (Fla. 3d DCA 1984)