M.R.R. v. State

FERGUSON, Judge.

The issue on appeal is whether the trial court erred in adjudicating M. R. R., a juvenile, delinquent for aggravated assault with a deadly weapon where the State conceded that M. R. R. had used a starter gun. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.140(b)(1)(A).

If the instrument used in an assault is a firearm as defined by Section 790.-001(6), Florida Statutes (1981), then that instrument is a deadly weapon as a matter of law for the purpose of the aggravated assault statute, Section 784.021(l)(a) Florida Statutes (1979), regardless of whether…