Legal Opinion

J.M.P. v. State

District Court of Appeal of Florida

Decided September 15, 2010No. 4D09-3783PublishedCited by 5 opinions

1Opinion of the CourtStevenson, J.

J.M.P. was charged in a petition for delinquency with violating section 790.115(2), Florida Statutes (2008) (“[possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited”), because she brought a BB gun to school. The trial court found J.M.P. guilty beyond a reasonable doubt, but we reverse because the State failed to present evidence that the BB gun at issue fit within the parameters of the statute with which J.M.P. was charged.

Section 790.115 is directed at preventing visitors, students and other unauthorized persons from bringing weapons or…

2Cases cited6 opinions

  1. Dale v. StateSupreme Court of Florida · 1997
  2. Mitchell v. StateDistrict Court of Appeal of Florida · 1997
  3. E.S. v. StateDistrict Court of Appeal of Florida · 2004
  4. Hutchinson v. StateDistrict Court of Appeal of Florida · 2002
  5. Petz v. StateDistrict Court of Appeal of Florida · 2005

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. K.C. v. StateDistrict Court of Appeal of Florida · 2010
  2. J.T. v. StateDistrict Court of Appeal of Florida · 2010
  3. Timothy Clarence Miller v. State of FloridaDistrict Court of Appeal of Florida · 2018
  4. JT v. StateDistrict Court of Appeal of Florida · 2010
  5. M.J. v. StateDistrict Court of Appeal of Florida · 2012

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