WILLIAM DAVID BROWN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Rudin v. State, 182 So. 3d 724 (Fla. 1st DCA 2015)
  …eapon. Lindsay v. State, 67 Fla. 111, 64 So. 501 (1914). A broomstick has been found to be and to not be a deadly weapon by different courts depending on the evidence. Compare E.M.M. v. State, 836 So. 2d 1125 (Fla. 3d DCA 2003), with Brown v. State, 86 So. 3d 569. (Fla. 5th DCA 2012). The ability of the fact finder to view the purported deadly weapons is a key consideration in an appellate court’s evaluation of whether competent, substantial evidence supports the finding. See Dale. Whether a stick is deadly…
• Gayden v. State, 184 So. 3d 1203 (Fla. 5th DCA 2016)
  …he ordinary and usual manner contemplated by its design, or (2) an object that is used or threatened to be used in a way likely to produce death or great bodily harm. Michaud v. State, 47 So. 3d 374, 376 (Fla. 5th DCA 2010); see also Brown v. State, 86 So. 3d 569, 571 (Fla. 5th DCA 2012). Here, the State presented evidence that Gayden committed a battery by placing the handgun against the victim’s chest without the victim’s consent. Evidence that Gayden pulled the trigger of a loaded firearm while the firea…
• Browne v. State, 239 So. 3d 171 (Fla. 5th DCA 2018)
  …d 1045, 1047 (Fla. 1997) (holding that question of whether BB gun can be deadly weapon is question of law, but question of whether BB gun was used in way "likely to produce death or great bodily injury" is question of fact for jury); Brown v. State, 86 So. 3d 569, 572 (Fla. 5th DCA 2012) (holding courts may "reverse convictions [of aggravated battery] when the State fails to present competent substantial evidence that the object used is a deadly weapon"). Section 812.13(2) prohibits three types of robbery:…