green
Positive treatment
2.5 score
Top citers, strongest first. 2 distinct citers.
How cited ↗
cited
Cited "see"
P.C. v. State
See R.T. v. State, 448 So.2d 604 (Fla. 3d DCA 1984); Robinson v. State, 547 So.2d 321 (Fla. 5th DCA 1989); and McCray v. State, 358 So.2d 615 (Fla. 1st DCA 1978).
cited
Cited "see"
PC v. State
See R.T. v. State, 448 So.2d 604 (Fla. 3d DCA 1984); Robinson v. State, 547 So.2d 321 (Fla. 5th DCA 1989); and McCray v. State, 358 So.2d 615 (Fla. 1st DCA 1978).
Retrieving the full opinion text from the archive…
R.T., a juvenile
v.
The STATE of Florida
v.
The STATE of Florida
No. 83-533.
District Court of Appeal of Florida, Third District.
Apr 17, 1984.
Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellant., Jim Smith, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.
Ignatius, Pearson, Schwartz.
Cited by 4 opinions | Published
PER CURIAM.
The juvenile appeals from an adjudication of delinquency for carrying a concealed weapon. We reverse.
Section 790.001(3)(a), Florida Statutes (1981) defines a concealed weapon as follows:
“Concealed weapon” means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or any other deadly weapon carried on or about a person in such a manner as to conceal said weapon from the ordinary sight of another person.
Under the statute, the instrument carried by the juvenile may only be construed as a concealed weapon if it is either a “dirk” or “any other deadly weapon.” There was no proof adduced at trial that the instrument was a “straight stabbing weapon” so as to constitute a dirk, see Miller v. State, 421 So.2d 746, 747, n. 1 (Fla. 4th DCA 1982), nor was there testimony that the juvenile intended to use the instrument as a deadly weapon. See McCray v. State, 358 So.2d 615 (Fla. 1st DCA 1978).
Reversed.