Legal Opinion

J.L. v. State

District Court of Appeal of Florida

Decided May 2, 2011No. 1D10-6031PublishedCited by 6 opinions

1Per curiam

Appellant, a minor, appeals the trial court’s order finding him guilty of aggravated battery with a deadly weapon based on his stabbing the victim with a plastic fork. We reverse because the State presented insufficient evidence that the plastic fork, as used in the incident, constituted a deadly weapon.

Factual Background

Taking the evidence in the light most favorable to the trial court’s finding, Appellant verbally accosted the victim and then sat down at the table where the victim was eating breakfast. After the victim slid around the table to distance himself *464from Appellant, Appellant…

2Cases cited5 opinions

  1. Jones v. StateDistrict Court of Appeal of Florida · 2001
  2. C.A.C. v. StateDistrict Court of Appeal of Florida · 2000
  3. E.J. v. StateDistrict Court of Appeal of Florida · 1989
  4. Smith v. StateDistrict Court of Appeal of Florida · 2007
  5. V.M.N. v. StateDistrict Court of Appeal of Florida · 2005

3Cited by6 opinions

  1. State v. McGheeDistrict Court of Appeal of Florida · 2015
  2. James Neil Wallace v. State of FloridaDistrict Court of Appeal of Florida · 2018
  3. Mitchell v. StateDistrict Court of Appeal of Florida · 2019
  4. Brown v. StateDistrict Court of Appeal of Florida · 2012
  5. McGhee v. Secretary, Florida Department of Corrections (Duval County)District Court, M.D. Florida · 2021

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