Mitchell v. State
703 So. 2d 1062, 23 Fla. L. Weekly Supp. 7, 1997 Fla. LEXIS 2100, 1997 WL 778577
This text of 703 So. 2d 1062 (Mitchell v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Mitchell v. State, 703 So. 2d 1062, 23 Fla. L. Weekly Supp. 7, 1997 Fla. LEXIS 2100, 1997 WL 778577 (Fla. 1997).
Opinions
We have for review Mitchell v. State, 698 So.2d 555, 557 (Fla. 2d DCA 1997), wherein the district court certified:
If the State fails to prove that a BB pistol is loaded and operable at the time of an offense, can it be classified as a dangerous or deadly weapon when the defendant’s actions cause the victim to reasonably believe that the BB pistol is loaded and operable?
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently addressed this issue in Dale v. State, 703 So.2d 1045 (Fla.1997), wherein we held that whether a BB gun— loaded or unloaded — is a deadly weapon is a jury question. We approve Mitchell.
It is so ordered.
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Bluebook (online)
703 So. 2d 1062, 23 Fla. L. Weekly Supp. 7, 1997 Fla. LEXIS 2100, 1997 WL 778577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-state-fla-1997.