RR v. State, 5D01-982.
Decision Date | 20 September 2002 |
Docket Number | No. 5D01-982.,5D01-982. |
Citation | 826 So.2d 465 |
Parties | R.R., a Child, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.
R.R., a child appeals from an order withholding adjudication of delinquency for carrying a concealed weapon.1 R.R. contends that the trial court erred when it denied his motion to dismiss after the state rested its case. R.R. argues that a straight-edged razor, which measures seven inches in the closed position, with a two-inch blade, is not a weapon because it is not listed as a weapon in the statute. Moreover, R.R. states that there was no testimony presented that the razor had been used in a threatening or dangerous manner. We affirm the conviction.
A police officer stopped R.R.'s vehicle after observing him commit a minor traffic offense. When asked for his license, R.R. said it was at home, but gave the officer a name, date of birth and address. No license was found for R.R with the information he provided. While the officer was waiting for the information, he noticed that R.R. was fidgeting and that his hands moved between the front of his jeans and his back pockets. The officer conducted a safety pat-down and R.R. warned the officer not to cut himself on the razor in his back pocket.2 The officer removed the razor from R.R.'s back pocket and arrested him for carrying a concealed weapon. During the adjudicatory hearing, the arresting officer testified that he did not see R.R. use the razor in a threatening or deadly manner. After reviewing the razor, the trial court stated:
...
To continue reading
Request your trial-
In re Standard Jury Instructions in Criminal Cases—Report No. 2015–06, SC15–1872.
...applicable. Porter v. State, 798 So.2d 855 (Fla. 5 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 ......
-
In re Standard Jury Instructions in Criminal Cases—Report NO. 2013–06.
...blade, box cutter, common pocketknife, box cutter, 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 ......
-
In re Standard Jury Instructions in Criminal Cases—Report No. 2012–09
...if applicable. Porter v. State, 798 So.2d 855 (Fla. 5th 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 o......
-
In re Standard Jury Instructions in Criminal Cases-Report No. 2013-06, SC13-1914
...blade, box cutter, common pocketknife, box cutter, 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......