Legal Opinion

Martin v. State

District Court of Appeal of Florida

Decided December 30, 1999No. 99-1345PublishedCited by 4 opinions

1Opinion of the CourtGriffin, J.

The sole issue in this case is whether the knife used by appellant to assault and injure his victim by slashing his eye could not, as a matter of law, qualify as a deadly weapon in a prosecution for aggravated battery. The defendant characterizes the knife as a “pocketknife.” The defendant asserts a pocketknife can never be a deadly weapon; the State says anything can be a deadly weapon if used in a way likely to produce great bodily harm. The defendant relies on L.B. v. State, 700 So.2d 370 (Fla.1997). L.B. involved a weapon possession charge, however. There, the court found that the term…

2Cases cited5 opinions

  1. L.B. v. StateSupreme Court of Florida · 1997
  2. Durden v. StateDistrict Court of Appeal of Florida · 1999
  3. Arroyo v. StateDistrict Court of Appeal of Florida · 1990
  4. Walls v. StateDistrict Court of Appeal of Florida · 1999
  5. Mims v. StateDistrict Court of Appeal of Florida · 1995

3Cited by4 opinions

  1. Baldwin v. StateDistrict Court of Appeal of Florida · 2003
  2. Williams v. StateDistrict Court of Appeal of Florida · 1999
  3. Cassidy v. McNeilDistrict Court, M.D. Florida · 2008
  4. United States v. Bennie WileyCourt of Appeals for the Eleventh Circuit · 2017

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