June v. State

Full title: Elijah JUNE, Jr., Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Sep 18, 1998

717 So. 2d 191 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-3463.

Opinion filed September 18, 1998. JULY TERM 1998.

Appeal from the Circuit Court for Seminole County, Newman D. Brock, Judge.

James B. Gibson, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Whether a BB gun which resembles a 9 mm semi-automatic handgun, according to witnesses, can be considered a deadly weapon when used in a bank robbery, is a question of fact for the jury. Dale v. State, 703 So.2d 1045 (Fla. 1997); Mitchell v. State, 698 So.2d 555 (Fla. 2d DCA), approved, 703 So.2d 1062 (Fla. 1997).

AFFIRMED.

DAUKSCH, SHARP, W., J.J. and ORFINGER, M., Sr. Judge, concur.