L.B. v. State

FRANK, Judge.

L.B., a juvenile, challenges her conviction for possessing a weapon on school property in violation of section 790.115(2), Florida Statutes (1995). L.B. contends, and we agree, that that portion of the statute which excepts common pocketknives from the definition of “weapon” is impermissibly vague and, thus, violative of due process. Section 790.001(13), Florida Statutes (1995), provides:

“Weapon” means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife.

To cure this infirmity we…