BOBBY CLARK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2003-09-03
No. 2D02-1901
ALTENBERND, C.J., and WHATLEY and STRINGER, JJ., Concur.
857 So. 2d 249 Florida District Court of Appeal, Second District (2003) Caution
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed without prejudice to any right Clark might have to file a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850.

ALTENBERND, C.J., and WHATLEY and STRINGER, JJ., Concur.


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  • Bunkley v. State, 882 So. 2d 890 (Fla. 2004)
    …the context of a motion to dismiss, the Second District has repeatedly affirmed that the Ortiz decision rested on the rule that “whether the knife was a' common pocketknife was a question of fact , that must be resolved by a jury.” Baldwin v. State, 857 So. 2d 249, 252 (Fla. 2d DCA 2003) (citing Ortiz, 504 So. 2d at 40), review dismissed, 865 So. 2d 479 (Fla.2003); see also Mitchell v. State, 698 So. 2d 555, 561 (Fla. 2d DCA 1997) (citing Ortiz for the rule that “whether a pocketknife is a weapon is a factual…
    1 / 2
  • Wiggins v. State, 253 So. 3d 1196 (Fla. 1st DCA 2018)
  • N. G. S. v. State, 272 So. 3d 830 (Fla. 2d DCA 2019)

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