M.L. v. State

Full title: M.L., a child, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Apr 10, 2003

842 So. 2d 257 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 1D02-2935.

Opinion filed April 10, 2003.

An appeal from the Circuit Court for Leon County. Jonathan E. Sjostrom, Judge.

Nancy A. Daniels, Public Defender; David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; Felicia A. Wilcox, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant, M.L., challenges the denial of his motion for judgment of acquittal on the charge of carrying a concealed weapon. Because the State presented no evidence that M.L. either used or intended to use the box cutter found in his possession as a deadly weapon, we reverse his judgment and sentence as to that offense, and remand for further proceedings consistent with this opinion. See T.S. v. State, 734 So.2d 1061 (Fla. 1St DCA 1998); Robinson v. State, 547 So.2d 321 (Fla. 9 DCA 1989).

Reversed and remanded.

BARFIELD, WOLF and DAVIS, JJ., CONCUR.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED