RYAN GOODWIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Ryan Goodwin appeals his conviction as a principal to armed robbery, challenging whether the BB gun used in the offense constitutes a deadly weapon. The Florida appellate court affirms the conviction, holding that a jury may reasonably find a BB gun to be a deadly weapon based on its characteristics and the circumstances of use.
The jury was free to determine that the BB gun used in this robbery was a deadly weapon. The court affirms the conviction despite defendant's expert testimony regarding the weapon's limited penetrating power, finding the issue is for the jury to decide based on the weapon's characteristics and the circumstances of its use.
[1] A jury may determine that a BB gun used in a robbery constitutes a deadly weapon.
[2] Evidence of a weapon's operability and capacity to penetrate materials can support a finding that it is a deadly weapon.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the jury was free to determine that the BB gun used in this robbery was a deadly weapon”
States the core holding that the deadly weapon determination is left to the jury's discretion based on the weapon's characteristics.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGoodwin drove the getaway car while his accomplice Cavedo robbed a pharmacy, displaying what appeared to be a handgun (later determined to be a BB gun…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Definition Of 'Firearm' cases and more on FLexlaw
Ryan Goodwin appeals his judgment and sentence as a principal to robbery with a deadly weapon. We affirm and briefly discuss one of the issues that he raises on appeal. We conclude that the jury was free to determine that the BB gun used in this robbery was a deadly weapon.
Mr. Goodwin drove the car for a robbery of a grocery store’s pharmacy. A Mr. Cavedo, Mr. Goodwin’s coperpetrator, entered the store and demanded “all of the Roxies and Oxies again.” Mr. Cavedo apparently had robbed the same pharmacist about six weeks earlier. When the pharmacist objected to being robbed twice, Mr. Cavedo pulled back his shirt and showed the pharmacist the black grip of what appeared to be a handgun. With that, the pharmacist complied with the request, and the two men drove away with the drugs.
During the investigation, it was determined that the gun that Mr. Cavedo used during this robbery was a BB gun — a Marksman Repeater Model 2002. The State presented evidence that the weapon was operable and capable of penetrating cardboard from close range. Mr. Goodwin presented expert testimony that the weapon could not penetrate the eye of a dead pig when loaded with BBs. The gun had a projective velocity of approximately 200 feet per second, which the expert testified was insufficient to pierce human flesh.
The weapon used in this case is essentially identical to the weapon used in Mitchell v. State, 698 So.2d 555 (Fla. 2d DCA 1997), approved, 703 So.2d 1062 (Fla.1997). Admittedly, the testimony concerning the gun’s characteristics is more extensive in this case than it was in Mitchell. Nevertheless, the gun will fire BBs, pellets, or darts and comes with danger warnings on the box. In some states, this weapon is actually regarded as a firearm. See, e.g., State v. Grant, 294 Conn. 151, 982 A.2d 169 (2009); Holloman v. Commonwealth, 221 Va. 196, 269 S.E.2d 356 (1980). For the same reasons that we affirmed the trial court in Mitchell, we affirm the trial court today. See also Dale v. State, 703 So.2d 1045 (Fla.1997).
*310We recognize that there is a worthy argument that a low-velocity BB gun should be excluded from the definition of a deadly weapon. See id. at 1048 (Overton, J., dissenting). Such a weapon is already excluded from the definition of a firearm because the projectile is not expelled as a result of an explosion. See § 790.001(6), Fla. Stat. (2007). This is not a case in which the weapon involved in the offense was never recovered. In this case, it is undisputed that the low-velocity BB gun was the weapon involved in the offense. Here, the defendant took the affirmative step of providing evidence that the weapon could not easily cause great bodily harm. Conceivably, we could fashion a special rule that removes the issue of whether a weapon is deadly from the jury under these circumstances, but not under circumstances where the weapon is not recovered and the defendant merely claims that the weapon was a BB gun. Fourteen years ago in Mitchell, we suggested that a statutory definition of “deadly weapon” would be useful. Today we reiterate that suggestion.
Affirmed.
SILBERMAN, C.J., and VILLANTI, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
C.W. v. State, 205 So. 3d 843 (Fla. 2d DCA 2016)…v. State, 703 So. 2d 1045, 1047 (Fla.1997) (holding that a BB gun was a deadly weapon when the defendant carried the BB gun in his waistband during a robbery, showed it to the victim, and threatened to return if she called police); Goodwin v. State, 68 So. 3d 309, 309 (Fla. 2d DCA 2011) (affirming conviction for robbery with a deadly weapon when the defendant threatened the victim with a BB gun even though there was evidence that it “could not easily cause great bodily harm”); Mitchell v. State, 698 So. 2d 5…
-
Madison v. State (9th Cir. Ct. App. Div. 2015)…ns. Juries have found kitchen knives and air guns to be weapons. Brooks v. State, 726 So. 2d 341, 342 (Fla. 5th DCA 1999) (kitchen knife as deadly weapon); Miller v. State, 421 So. 2d 746, 747 (Fla. 4th DCA 1982) (knife as a dirk); Goodwin v. State, 68 So. 3d 309. 309 (Fla. 2d DCA 2011) (BB gun as deadly weapon). Dale, 703 So. 2d at 1047 (Fla. 1997) (BB gun as deadly weapon). Also, charging documents that allege possession of a knife and a BB pellet gun, respectively, are legally sufficient to withstand…
Authorities Cited
- Dale v. State, 703 So. 2d 1045 (Fla. 1997)
- Mitchell v. State, 703 So. 2d 1062 (Fla. 1997)
- Daniels v. State, 698 So. 2d 555 (Fla. 1st DCA 1997)
- Mitchell v. State, 698 So. 2d 555 (Fla. 2d DCA 1997)