From Casetext: Smarter Legal Research

D.M.H. v. State

District Court of Appeal of Florida, Fifth District
Sep 11, 1998
717 So. 2d 149 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-2815.

Opinion filed September 11, 1998. JULY TERM 1998.

Appeal from the Circuit Court for Brevard County, Lawrence V. Johnston, Judge.

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

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.


Appellant appeals from an adjudication of delinquency after he was found guilty of aggravated assault on a law enforcement officer and possession of a firearm by a minor. We affirm.

Whether or not the semi-automatic handgun which the officer testified appellant pointed at him, and which was found fully loaded, was a deadly weapon was a question for the jury, Dale v. State, 703 So.2d 1045 (Fla. 1997), despite the lack of testimony that the gun was operable. We find no merit in appellant's remaining point on appeal.

AFFIRMED.

GOSHORN and PETERSON, J.J., concur.


Summaries of

D.M.H. v. State

District Court of Appeal of Florida, Fifth District
Sep 11, 1998
717 So. 2d 149 (Fla. Dist. Ct. App. 1998)
Case details for

D.M.H. v. State

Case Details

Full title:D.M.H., a Child, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Sep 11, 1998

Citations

717 So. 2d 149 (Fla. Dist. Ct. App. 1998)

Citing Cases

Suit v. State

This ruling has been followed in a string of cases concerning jury determinations of deadliness. See Mitchell…