M.D. v. State

M.D. appeals his conviction of carrying a concealed weapon pursuant to section 790.01, Florida Statutes (2001). We reverse because we find that the small wooden bat found in his car was not a “weapon” within the meaning of section 790.01(1).

Officer Francisco Ortiz stopped M.D.’s car for speeding. Believing that M.D. *526might have been driving under the influence, the officer asked him to step out of the car. The officer then observed a 1.5 foot long “small wooden bat”1 wedged into the floor crevice between the driver’s door and the driver’s seat. At no time during the traffic stop did M.D. hold…