RICHARD WAYNE COOK, APPELLANT,
v.
JAMES V. CROSBY, JR., SECRETARY, DEPARTMENT OF CORRECTIONS, APPELLEE
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PER CURIAM.
Richard Cook filed a petition for writ of habeas corpus, contending that his convictions pursuant to a nolo plea for carrying a concealed weapon and improper exhibition of a dangerous weapon are unlawful, because he was carrying a razor knife, or box cutter, which this court determined cannot be a dangerous weapon in Holley v. State, 877 So. 2d 893 (Fla. 1st DCA 2004).1 The trial court denied the petition and we affirm. Cook has raised this issue in previous post-conviction motions; hence the petition was procedurally barred. See Frazier v. State, 898 So. 2d 1183 (Fla. 3d DCA 2005); Heilmann v. State, 832 So. 2d 834 (Fla. 5th DCA 2002).
AFFIRMED.
ERVIN, BARFIELD and VAN NORTWICK, JJ., concur. . Although a razor knife/box cutter was not designed or constructed to cause death or great bodily harm, it can be a deadly weapon if the defendant uses, threatens to use, or 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).
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In re Standard Jury Instructions IN Crim. Cases-Report NO. 2012-04, 131 So. 3d 720 (Fla. 2013)…-lie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such manner as to conceal the weapon from the ordinary sight of another person. R.R. v. State, 826 So. 2d 465 (Fla. 5th DCA 2002); Cook v. Crosby, 914 So. 2d 490 (Fla. 1st DCA 2005). A “deadly weapon” is any instrument which will likely cause death or great bodily harm when used in the ordinary and usual manner contemplated by its design and construction. An object can be a deadly weapon if its sole modern…1 / 3
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In re Standard Jury Instructions IN Crim. Cases-Report NO. 2012-09, 122 So. 3d 263 (Fla. 2013)…nife, plastic knife, or blunt-bladed table knife. Give if applicable. Porter v. State, 798 So. 2d 855 (Fla. 5th DCA 2001). However, an open pocketknife could constitute a weapon. R.R. v. State, 826 So. 2d 4-65 (Fla. 5th DCA 2002); Cook v. Crosby, 914 So. 2d 490 (Fla. 1st PGA 2005). A “deadly weapon” is any instrument which will likely cause death or great bodily harm when used in the ordinary and usual manner contemplated by its design and construction. An object can be a deadly weapon if its sole modern…
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Williams v. State, 48 So. 3d 192 (Fla. 2d DCA 2010)…inced that even a felon can legally carry a box cutter in a concealed pocket if he is carrying the box cutter for a- [*195] legitimate work purpose and is not hiding it with the intent to use it, if necessary, as a weapon. See, e.g., Cook v. Crosby, 914 So. 2d 490, 491 n. 1 (Fla. 1st DCA 2005) (“Although a razor knife/box cutter was not designed or constructed to cause death or great bodily harm, it can be a deadly weapon if the defendant uses, threatens to use, or intends to use it in a manner likely to caus…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Fleming, 606 So. 2d 1229 (Fla. 1st DCA 1992)
- M.L. v. State, 842 So. 2d 257 (Fla. 1st DCA 2003)
- Holley v. State, 877 So. 2d 893 (Fla. 1st DCA 2004)
- Heilmann v. State, 832 So. 2d 834 (Fla. 5th DCA 2002)
- Terence A. Frazier v. State, 898 So. 2d 1183 (Fla. 3d DCA 2005)