M.M. v. State

I respectfully dissent, because our decision in E.S. v. State, 886 So.2d 311 (Fla. 3d DCA 2004) requires reversal. I believe the trial court erred in denying the motion for judgment of dismissal, as there was no competent substantial evidence to establish that the pellet gun in M.M.’s possession was a “deadly weapon.” Therefore, the charge of possession of a weapon on school grounds cannot be sustained.

The State filed a delinquency petition alleging M.M. possessed a weapon on school grounds, in violation of section 790.115(2)(a), Florida Statutes (2011). That section provides:

A person shall…