Opinion

Mitchell v. State

23 Fla. L. Weekly Supp. 7 · Supreme Court of Florida · Dec 18, 1997

Full text

Dexter MITCHELL v. STATE of Florida

Opinions in this case

Majority — Shaw
Dissent — Overton

SHAW, Justice. We have for review Mitchell v. State, 698 So.2d 555, 557 (Fla. 2d DCA 1997), wherein the district court certified: If the State fails to prove that a BB pistol is loaded and operable at the time of an offense, can it be classified as a dangerous or deadly weapon when the defendant’s actions cause the victim to reasonably believe that the BB pistol is loaded and operable? We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently addressed this issue in Dale v. State, 703 So.2d 1045 (Fla.1997), wherein we held that whether a BB gun— loaded or unloaded — is a deadly weapon is a jury question. We approve Mitchell. It is so ordered. KOGAN, C.J., HARDING, WELLS and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.

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Parentheticals

holding that a BB gun was a deadly weapon when the defendant implied through his words and actions that the BB gun was loaded and operable
C.W. v. State
“The robbery statute does not define” “weapon,” “deadly weapon,” or “firearm.”
Ricardo Vega v. Secretary, Department of Corrections