Florida District Courts of Appeal, 1998

T.S. v. State

Florida District Courts of Appeal · Decided November 12, 1998 · Davis, Joanos, Kahn

734 So. 2d 1061; 1998 Fla. App. LEXIS 14402; 1998 WL 821854 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

ML v. State (Fla. Dist. Ct. App. 2003)
M.L. v. State (Fla. Dist. Ct. App. 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellant, a juvenile adjudicated delinquent below for carrying a concealed weapon, questions the sufficiency of the evidence to support the adjudication of delinquency in connection with that charge. Because insufficient evidence was presented to support this adjudication of delinquency, we reverse. See P.C. v. State, 589 So.2d 438 (Fla. 3d DCA 1991) *1062(finding evidence insufficient to support adjudication of delinquency for carrying a concealed weapon where there was no evidence to even suggest that instrument fit the definition of being a “deadly” weapon or that the juvenile intended to use or used the instrument as a deadly weapon); Robinson v. State, 547 So.2d 321 (Fla. 5th DCA 1989) (holding that a “deadly weapon” under section 790.001(3)(a), Florida Statutes, can be either an instrument which will likely cause death or great bodily harm when used in the ordinary and usual manner contemplated by its design and construction, or an object which is used or threatened to be used during a crime in such a way that it would be likely to cause death or great bodily harm); R.T. v. State, 448 So.2d 604 (Fla. 3d DCA 1984) (reversing delinquency adjudication where there was no testimony that the juvenile intended to use the instrument as a deadly weapon).

REVERSED AND REMANDED.

JOANOS, KAHN and DAVIS, JJ., concur.

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