EMM v. State, 3D02-2596.
| Decision Date | 12 February 2003 |
| Docket Number | No. 3D02-2596.,3D02-2596. |
| Citation | 836 So.2d 1125 |
| Parties | E.M.M., a juvenile, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Assistant Public Defender, for appellant.
Charlie Christ, Attorney General and Andrea D. England (Fort Lauderdale), Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and GODERICH and WELLS, JJ.
The only point raised on this appeal from a finding of delinquency based upon an aggravated battery is that the three-foot long broomstick used by the juvenile's co-respondent to strike the victim did not qualify as a deadly weapon under section 784.045(1)(a)2, Florida Statutes (2002). We disagree and affirm. See H.E.S. v. State, 773 So.2d 80 (Fla. 2d DCA 2000); Mitchell v. State, 698 So.2d 555 (Fla. 2d DCA 1997), review granted, 701 So.2d 868 (Fla.1997), approved, 703 So.2d 1062 (Fla. 1997); Taylor v. State, 672 So.2d 580 (Fla. 1st DCA 1996). See generally D.C. v. State, 567 So.2d 998 (Fla. 1st DCA 1990). Compare Forchion v. State, 214 So.2d 751 (Fla. 3d DCA 1968)(broom handle thrown at victim not used as a deadly weapon); Perez v. State, 825 So.2d 957 (Fla. 3d DCA 2002)(barricade thrown at victim not used as deadly weapon).
Affirmed.
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Rudin v. State
...A broomstick has been found to be and to not be a deadly weapon by different courts depending on the evidence. Compare E.M.M. v. State, 836 So.2d 1125 (Fla. 3d DCA 2003), with Brown v. State, 86 So.3d 569 (Fla. 5th DCA 2012).The ability of the fact finder to view the purported deadly weapon......
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Alm v. State, 3D02-2593.
...broomstick used in this attack qualified as a deadly weapon under section 784.045(1)(a)2, Florida Statutes (2002). See E.M.M. v. State, 836 So.2d 1125, (Fla. 3d DCA 2003). There also was sufficient evidence in the record to support a finding that respondent intentionally used the broomstick......
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