Cook v. Crosby, 1D05-2355.
| Decision Date | 07 November 2005 |
| Docket Number | No. 1D05-2355.,1D05-2355. |
| Citation | 914 So.2d 490 |
| Parties | Richard Wayne COOK, Appellant, v. James V. CROSBY, Jr., Secretary, Department of Corrections, Appellee. |
| Court | Florida Supreme Court |
Charlie Crist, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.
Richard Cook filed a petition for writ of habeas corpus, contending that his convictions pursuant to a nolo plea for carrying a concealed weapon and improper exhibition of a dangerous weapon are unlawful, because he was carrying a razor knife, or box cutter, which this court determined cannot be a dangerous weapon in Holley v. State, 877 So.2d 893 (Fla. 1st DCA 2004).1 The trial court denied the petition and we affirm. Cook has raised this issue in previous post-conviction motions; hence the petition was procedurally barred. See Frazier v. State, 898 So.2d 1183 (Fla. 3d DCA 2005); Heilmann v. State, 832 So.2d 834 (Fla. 5th DCA 2002).
AFFIRMED.
1. Although a razor knife/box cutter was not designed or constructed to cause death or great bodily harm, it can be a deadly weapon if the defendant uses, threatens to use, or intends to use it in a manner likely to cause death or great bodily harm. See Holley, 877 So.2d at 896; M.L. v. State, 842 So.2d 257 (Fla. 1st DCA 2003); State v. Fleming, 606 So.2d 1229 (Fla. 1st DCA 1992).
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In re Standard Jury Instructions in Criminal Cases—Report No. 2015–06, SC15–1872.
...thth DCA 2001).However, an open pocketknife could constitute a weapon.R.R. v. State, 826 So.2d 465 (Fla. 5thth DCA 2002); Cook v. Crosby, 914 So.2d 490 (Fla. 1stst DCA 2005).A “deadly weapon” is any instrument which will likely cause death or great bodily harm when used in the ordinary and ......
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In re Standard Jury Instructions in Criminal Cases—Report NO. 2013–06.
...or a deadly weapon, except a plastic knife or blunt-bladed table knife.R.R. v. State, 826 So.2d 465 (Fla. 5th DCA 2002); Cook v. Crosby, 914 So.2d 490 (Fla. 1st DCA 2005).A “deadly weapon” is any instrument which will likely cause death or great bodily harm when used in the ordinary and usu......
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In re Standard Jury Instructions in Criminal Cases—Report No. 2012–09
...DCA 2001). However, an open pocketknife could constitute a weapon. R.R. v. State, 826 So.2d 465 (Fla. 5th DCA 2002); Cook v. Crosby, 914 So.2d 490 (Fla. 1st DCA 2005). A “deadly weapon” is any instrument which will likely cause death or great bodily harm when used in the ordinary and usual ......
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In re Standard Jury Instructions in Crimianl Cases-Report No. 2011-03
...element to a finding of concealment. Give if appropriate. Robinson v. State, 547 So.2d 321 (Fla. 5th DCA 1989); Cook v. Crosby, 914 So.2d 490 (Fla. 1st DCA 2005). A “deadly weapon” is any instrument which will likely cause death or great bodily harm when used in the ordinary and usual manne......