G.R.N. v. State
District Court of Appeal of Florida
1Opinion of the CourtGross, J.
Appellant was found delinquent on. the charge of improper exhibition of a dangerous weapon, which was the basis of a violation of probation. We reverse the finding of delinquency because the state failed to prove that- appellant wielded a “weapon” within the meaning of section 790.001(13), Florida Statutes (2016).
The key state witness broke up an argument between appellant and his brother. She saw appellant holding a knife with the *1268point down but could not describe it because “the handle was in [appellant’s] hand.” The witness saw only the point of the blade and did not know its length.…
2Cases cited4 opinions
- L.B. v. StateSupreme Court of Florida · 1997
- Porter v. StateDistrict Court of Appeal of Florida · 2001
- J.R.P. v. StateDistrict Court of Appeal of Florida · 2008
- J.R. v. StateDistrict Court of Appeal of Florida · 2007
3Cited by1 opinion
- In Re: Standard Jury Instructions in Criminal Cases-Report 2017-10.Supreme Court of Florida · 2018