HATCHER, IV
v.
STATE OF FLORIDA
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An object not designed to inflict bodily harm may constitute a weapon if it was threatened to be used in a manner likely to cause bodily harm, and the question of whether an object is a weapon during commission of a felony is a question of fact for the jury.
[1] An object not originally designed to inflict bodily harm may constitute a weapon for felony purposes if threatened to be used in a manner likely to cause bodily harm.
[2] Whether an object is being used as a weapon during commission of a felony is a question of fact for the jury to determine.
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Join FLexlaw to unlock all legal intelligence“An object not designed to inflict bodily harm may be a 'weapon' if it was . . . threatened to be used . . . in a manner likely to cause bodily harm.”
Florida Standard Jury Instruction (Criminal) 15.1, cited by the court to support the affirmance.
Joseph Hatcher was convicted in Manatee County Circuit Court. The conviction involved the use or threatened use of an object as a weapon.…
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January 17, 2025 Appeal from the Circuit Court for Manatee County; Lee E. Haworth, Judge. Blair Allen, Public Defender and Christine Trakas Thornhill, Assistant Public Defender, Bartow, for Appellant. PER CURIAM. Affirmed. See Fla. Std. Jury Instr. (Crim.) 15.1 ("An object not designed to inflict bodily harm may be a 'weapon' if it was . . . threatened to be used . . . in a manner likely to cause bodily harm."); see also Shepard v. State, 259 So. 3d 701, 707 (Fla. 2018) (concluding that whether an object is being used as a weapon during the commission of a felony is a question of fact for the jury). KELLY, BLACK, and LUCAS, JJ., Concur.
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Opinion subject to revision prior to official publication.