R.T. v. State

District Court of Appeal of Florida

R.T. v. State

448 So. 2d 604, 1984 Fla. App. LEXIS 12750

CourtDistrict Court of Appeal of Florida

DecidedApril 17, 1984

DocketNo. 83-533

StatusPublished

Cited by4 cases

This text of 448 So. 2d 604 (R.T. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

R.T. v. State, 448 So. 2d 604, 1984 Fla. App. LEXIS 12750 (Fla. Ct. App. 1984).

Pincite

Opinion

PER CURIAM.

The juvenile appeals from an adjudication of delinquency for carrying a concealed weapon. We reverse.

Section 790.001(3)(a), Florida Statutes (1981) defines a concealed weapon as follows:

“Concealed weapon” means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or any other deadly weapon carried on or about a person in such a manner as to conceal said weapon from the ordinary sight of another person.

Under the statute, the instrument carried by the juvenile may only be construed as a concealed weapon if it is either a “dirk” or “any other deadly weapon.” There was no proof adduced at trial that the instrument was a “straight stabbing weapon” so as to constitute a dirk, see Miller v. State, 421 So.2d 746, 747, n. 1 (Fla. 4th DCA 1982), nor was there testimony that the juvenile intended to use the instrument as a deadly weapon. See McCray v. State, 358 So.2d 615 (Fla. 1st DCA 1978).

Reversed.

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