K.C. v. State
District Court of Appeal of Florida
1Opinion of the CourtStevenson, J.
K.C. was found guilty of possessing a BB gun on school property and adjudicated delinquent. On appeal, K.C. argues that the evidence failed to establish that his BB gun was a deadly weapon so as to bring it within the statute charged in the petition for delinquency. We agree and reverse.
K.C. was charged with violating section 790.115(2), Florida Statutes (2009), which provides, in relevant part, that “[a] person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13) ... on the property of any school.” A BB gun is not one of…
2Cases cited7 opinions
- Dale v. StateSupreme Court of Florida · 1997
- McCray v. StateDistrict Court of Appeal of Florida · 1978
- Jones v. StateDistrict Court of Appeal of Florida · 2004
- E.S. v. StateDistrict Court of Appeal of Florida · 2004
- J.M.P. v. StateDistrict Court of Appeal of Florida · 2010
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