M.L., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
M.L., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
842 So. 2d 257
Florida District Court of Appeal, First District (2003)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Appellant, M.L., challenges the denial of his motion for judgment of acquittal on the charge of carrying a concealed weapon. Because the State presented no evidence that M.L. either used or intended to use the box cutter found in his possession as a deadly weapon, we reverse his judgment and sentence as to that offense, and remand for further proceedings consistent with this opinion. See T.S. v. State, 734 So. 2d 1061 (Fla. 1st DCA 1998); Robinson v. State, 547 So. 2d 321 (Fla. 5th DCA 1989).
Reversed and remanded.
BARFIELD, WOLF and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Walthour, 876 So. 2d 594 (Fla. 5th DCA 2004)…nstruction. Hutchinson; Robinson v. State, 547 So. 2d 321 (Fla. 5th DCA 1989). Since the undisputed facts in this case establish Walthour did not use the-steak knife in a threatening manner, it may not qualify as a deadly weapon. See M.L. v. State, 842 So. 2d 257 (Fla. 1st DCA 2003); Nystrom; State v. Tremblay, 642 So. 2d 64 (Fla. 4th DCA 1994); Robinson. However, the knife may constitute a “dirk,” one of the items listed in section 790.001. In Miller v. State, 421 So. 2d 746 (Fla. 4th DCA 1982), the defend…
-
State v. Adkison, 56 So. 3d 880 (Fla. 1st DCA 2011)…unity,” and the unsophisticated nature of the offense as reasons for departure. Departure Sentences A sentence consisting of a suspended prison term followed by a probationary period is treated as a downward departure sentence. See State v. White, 842 So. 2d 257 (Fla. 1st DCA 2003). Valid reasons must exist for the downward departure. Id. (citing State v. Powell, 703 So. 2d 444, 446 (Fla.1997)). To impose a valid downward departure sentence, a trial court must determine (1) whether there is a factually sup…
-
Cook v. Crosby, 914 So. 2d 490 (Fla. 1st DCA 2005)…or constructed to cause death or great bodily harm, it can be a deadly weapon if the defendant uses, threatens to use, or [*491] intends to use it in a manner likely to cause death or great bodily harm. See Holley, 877 So. 2d at 896; M.L. v. State, 842 So. 2d 257 (Fla. 1st DCA 2003); State v. Fleming, 606 So. 2d 1229 (Fla. 1st DCA 1992).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Robinson v. State, 547 So. 2d 321 (Fla. 5th DCA 1989)
- Cruse v. Singletary, 734 So. 2d 1061 (Fla. 1st DCA 1998)