Legal Opinion

R.H. v. State

District Court of Appeal of Florida

Decided March 23, 2011No. 4D09-4654PublishedCited by 14 opinions

1Opinion of the CourtLevine, J.

The issue presented is whether the appellant violated section 790.115(2), Florida Statutes (2009), by possessing a common pocketknife on school property. We find that the appellant cannot be adjudicated of this crime since the statute exempts pos*157session of a “common pocketknife” from the definition of a weapon that may not be possessed on school property.

After an incident at school, R.H. was brought to the assistant principal’s office, where a search revealed a knife hidden in R.H.’s boxer shorts. The school resource officer described the knife as “a folding pocketknife with a wooden handle…

2Cases cited5 opinions

  1. L.B. v. StateSupreme Court of Florida · 1997
  2. J.P. v. StateDistrict Court of Appeal of Florida · 2003
  3. Jones v. StateDistrict Court of Appeal of Florida · 2004
  4. T.L.T. v. StateDistrict Court of Appeal of Florida · 2011
  5. A.B. v. StateDistrict Court of Appeal of Florida · 2000

3Cited by14 opinions

  1. A.S.F. v. StateDistrict Court of Appeal of Florida · 2011
  2. R.R. v. StateDistrict Court of Appeal of Florida · 2014
  3. S.S., a child v. StateDistrict Court of Appeal of Florida · 2015
  4. T.S.W. v. StateDistrict Court of Appeal of Florida · 2011
  5. D.J. v. StateDistrict Court of Appeal of Florida · 2011

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