S.F., A JUVENILE v. THE STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: September 20, 2023
• Docket: 2022-2144
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed September 20, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-2144 Lower Tribunal No. 21-858 ________________

S.F., a juvenile, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Dawn Denaro, Judge.

Carlos J. Martinez, Public Defender, and Nicholas A. Lynch, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Kseniya Smychkouskaya, Assistant Attorney General, for appellee.

Before EMAS, SCALES and MILLER, JJ.

PER CURIAM. Affirmed. See Duboise v. State, 520 So. 2d 260, 265 (Fla. 1988) (“[T]he

failure to include an essential element of a crime does not necessarily render

an indictment so defective that it will not support a judgment of conviction

when the indictment references a specific section of the criminal code which

sufficiently details all the elements of the offense.”); D.B.B. v. State, 997 So.

2d 484, 485 (Fla. 2d DCA 2008) (“A deadly weapon is . . . any instrument

likely to cause great bodily harm because of the way it is used during a crime.

Whether an item is a deadly weapon is a factual question to be determined

under the circumstances, taking into consideration its size, shape, material,

and the manner in which it was used or was capable of being used.”) (citation

omitted).