D.J., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2011-12-21
No. 4D10-1592
MAY, C.J., HAZOURI, and CONNER, JJ., concur.
83 So. 3d 857 Florida District Court of Appeal, Fourth District (2011) Positive Treatment
Cited by 2 cases

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.

Synopsis

D.J., a juvenile, was found guilty of possession of a weapon on school property based on a folding knife with a three-inch partially serrated blade. The appellate court reversed, holding that the knife qualified as a common pocketknife under Florida law and therefore was not a weapon as defined by statute.


Holding

The knife qualifies as a common pocketknife and is not a weapon under Florida law. The trial court erred in denying D.J.'s motion for judgment of dismissal because the three-inch knife lacked weapon-like characteristics and possessed features previously held not to distinguish a knife from a common pocketknife.


Headnotes

[1] A knife with a blade of four inches or less in length which can be carried in one's pocket is presumed to be a common pocketknife.

[2] A folding knife that locks into place, has a partially serrated blade, and a clip for belt attachment may still be considered a common pocketknife if it lacks weapon-like…

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Key Quotes

“a "common pocketknife" as "[a] type of knife occurring frequently in the community which has a blade that folds into the handle and that can be carried in one's pocket."”

Establishes the legal definition of common pocketknife from L.B. v. State that the court applies to D.J.'s case

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Facts & Procedural History

D.J. was charged with carrying a folding knife on school property. The knife had a partially serrated, curved single-edge blade slightly less than thr…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

D.J. appeals an order finding him guilty, but withholding adjudication of delinquency and imposing probation, for possession of a weapon or firearm on school property. He claims the trial court erred when it denied his motion for judgment of dismissal and determined the knife he was charged with carrying was not a common pocketknife, but a weapon, as defined in section 790.001(13), Florida Statutes.

The knife in this case is a folding knife that snaps closed and locks into place. It has a partially serrated, curved single-edge blade with a pointed tip. The length of the blade is slightly less than three inches, and the entire length of the blade and handle is less than four inches. The blade shows quite a bit of wear and scratches consistent with significant use. A clip on the handle allows the knife to be attached to a belt. At trial, the arresting *858officer testified the knife could be opened in a smooth action with one hand and the blade locks into place.

The trial court held the knife was distinguishable from a common pocketknife because it was larger and heavier than a common pocketknife, snaps out in a smooth action and locks into place, and the blade has serrations, is very sharp, and very pointy. On appeal, the State argues that the knife at issue in this case is not a common pocketknife because it has a serrated edge.

The standard of review for a motion for judgment of dismissal in juvenile cases is de novo. R.H. v. State, 56 So.3d 156, 157 (Fla. 4th DCA 2011).

In L.B. v. State, 700 So.2d 370 (Fla.1997), the supreme court defined a “common pocketknife” as “[a] type of knife occurring frequently in the community which has a blade that folds into the handle and that can be carried in one’s pocket.” Id. at 372. Following a 1951 Florida Attorney General’s opinion, the court held that a pocketknife with a blade of four inches or less in length which could be carried in one’s pocket was presumed to be a “common pocketknife,” although the court declined to apply a bright-line rule. Id. at 373 n. 4 (citing Op. Att’y Gen. Fla. 051-358 (1951)).

In T.S.W. v. State, 82 So.3d 1021 (Fla. 4th DCA 2011), we recently held that a knife with a three-and-a-quarter inch partially serrated blade and a grooved handle was a common pocketknife, because it had “no weapon-like characteristics such as a hilt guard, notched combat-style grip, double-edged blade, or switchblade; furthermore, it was not carried in an open and locked position.” Also, in C.R. v. State, 73 So.3d 825 (Fla. 4th DCA 2011), we determined that a knife with a blade of less than four inches that included features such as a belt clip, a knob to open the blade, a locking mechanism, and a textured handle was not distinctive enough to be distinguishable from a common pocketknife.

In this case, the three-inch knife carried by D.J. lacks any of the weapon-like characteristics we noted in T.S.W., and includes features we have previously held to not distinguish a knife from a common pocketknife. Therefore, we find the trial court erred in denying the motion for judgment of dismissal.

Reversed.

MAY, C.J., HAZOURI, and CONNER, JJ., concur.


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Citator

Cited By

  • Messineo v. State, 174 So. 3d 1106 (Fla. 5th DCA 2015)
    …knife, or blunt-bladed table knife.” (emphasis added). In discussing “common” versus “other” types of pocket knives, the Fourth District Court reversed an order finding a juvenile guilty of possession of a weapon on school property. D.J. v. State, 83 So. 3d 857 (Fla. 4th DCA 2011). In D.J., the juvenile possessed a folding po.cketknife with a three inch, partially serrated, curved single-edge blade with a pointed tip. Id. at 857-58. The court found that this knife was not a weapon, but instead a “common po…

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