WILLIAM CLONINGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A beer bottle used in an assault can be a deadly weapon, even if not broken, if it is an instrument likely to cause great bodily harm.
The appellant was convicted of aggravated assault with a deadly weapon after attacking a victim with a beer bottle, causing her to lose consciousness …
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KLEIN, J.
Appellant was convicted of aggravated assault with a deadly weapon. He argues that the beer bottle which he used was not a deadly weapon. We affirm.
The victim, who was a friend of appellant, testified that after they had been drinking appellant attacked her and, among other things, hit her in the head with a beer bottle which caused her to lose consciousness. The blow resulted in her having a large lump on her head.
Appellant argues that this case is distinguishable from cases in which the deadly weapon was a broken beer bottle, such as T.B. v. State, 669 So. 2d 1085 (Fla. 4th DCA 1996), because the bottle in this case was not broken. A deadly weapon, however, is any instrument likely to cause great bodily harm because of the way it is used during the crime. D.C. v. State, 567 So. 2d 998 (Fla. 1st DCA 1990). We conclude that whether the victim’s injury in this case constituted great bodily harm was a question of fact for the jury. Coronado v. State, 654 So. 2d 1267 (Fla. 2d DCA 1995)(whether a stick which was used to beat the victim was a deadly weapon was a jury question).
We have considered the other issues raised by appellant and find them to be without merit. Affirmed.
POLEN, C.J., and GROSS, J., concur.
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Mobley v. State, 132 So. 3d 1160 (Fla. 3d DCA 2014)…cal provider for treatment that night. Mr. Gonzalez’s blow drew blood and, according to Mr. Correa’s description of a later diagnosis, fractured his eye socket, but ordinarily an assessment of “great bodily harm” is a jury issue. Cloninger v. State, 846 So. 2d 1192 (Fla. 4th DCA 2003). Classification of Mr. Correa’s injury as a forcible felony would also turn on whether the single punch intentionally or knowingly caused “great bodily harm, permanent disability, or permanent disfigurement.”14 A third factual c…
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V.M.N. v. State, 909 So. 2d 953 (Fla. 4th DCA 2005)…ction, will or is likely to cause death or great bodily harm, or 2) any instrument likely to cause great bodily harm because of the way it is used during a crime.” D.C. v. State, 567 So. 2d 998, 1000 (Fla. 1st DCA 1990); see also Cloninger v. State, 846 So. 2d 1192, 1193 (Fla. 4th DCA 2003). Further, “[wjhether a weapon is deadly is a question of fact to be determined under all the circumstances, taking into consideration the weapon and its capability for use,” E.J. v. State, 554 So. 2d 578, 579 (Fla. 3d DCA 1…1 / 2
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S.G. v. State, 250 So. 3d 775 (Fla. 1st DCA 2018)…o. 2d 953, 954 (Fla. 4th DCA 2005) ). While a piece of broken glass, whether a mirror, a window, or a beer bottle, may not ordinarily be a deadly weapon by itself, the context in which the item is used can transform it into one. Cloninger v. State , 846 So. 2d 1192 (Fla. 4th DCA 2003) (affirming determination that unbroken beer bottle could be deadly weapon); Brown v. State , 787 So. 2d 58 (Fla. 2d DCA 2001) (stating that evidence supported the finding that a glass bottle could be used as a deadly weapon); see…
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
- D.C. v. State, 567 So. 2d 998 (Fla. 1st DCA 1990)
- T.B. v. State, 669 So. 2d 1085 (Fla. 4th DCA 1996)
- Jackson v. State, 654 So. 2d 1267 (Fla. 1st DCA 1995)
- Coronado v. State, 654 So. 2d 1267 (Fla. 2d DCA 1995)