Legal Opinion

G.R.N. v. State

District Court of Appeal of Florida

Decided June 21, 2017No. Nos. 4D16-3687 and 4D16-3688PublishedCited by 1 opinion

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

  1. L.B. v. StateSupreme Court of Florida · 1997
  2. Porter v. StateDistrict Court of Appeal of Florida · 2001
  3. J.R.P. v. StateDistrict Court of Appeal of Florida · 2008
  4. J.R. v. StateDistrict Court of Appeal of Florida · 2007

3Cited by1 opinion

  1. In Re: Standard Jury Instructions in Criminal Cases-Report 2017-10.Supreme Court of Florida · 2018

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