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DJ v. State

Citations: 83 So. 3d 857; 2011 WL 6373018Docket: 4D10-1592

Court: District Court of Appeal of Florida; December 20, 2011; Florida; State Appellate Court

Narrative Opinion Summary

In this appellate case, a minor, identified as D.J., challenged a trial court's determination that he was guilty of possessing a weapon on school property. The core issue revolved around whether the folding knife he carried was a 'weapon' or a 'common pocketknife' as per Florida Statute Section 790.001(13). The knife featured a blade just under three inches, partially serrated with a curved edge, and included a locking mechanism. The trial court classified it as a weapon due to its characteristics. On appeal, the State upheld the trial court's classification, focusing on the serrated edge. The appellate court, reviewing the case de novo, considered prior case law which established that certain features, such as a locking mechanism or belt clip, do not preclude a knife from being considered a common pocketknife. Concluding that the knife did not exhibit weapon-like characteristics and aligned with previous rulings on similar knives, the appellate court reversed the trial court's decision, with Judges May, Hazouri, and Conner concurring. Consequently, the adjudication of delinquency and probation order was overturned, favoring the appellant, D.J.

Legal Issues Addressed

Classification of Common Pocketknife under Florida Law

Application: The appellate court determined that the knife in question, despite its features, should be classified as a common pocketknife based on its characteristics and previous case law.

Reasoning: The court found that the knife carried by D.J. did not possess any weapon-like characteristics and closely resembled knives previously ruled to be common pocketknives.

De Novo Standard of Review

Application: The appellate court applied a de novo standard of review when evaluating the trial court's decision to classify the knife as a weapon.

Reasoning: The appellate court applied a de novo standard of review for the motion for judgment of dismissal.

Interpretation of Florida Statute Section 790.001(13)

Application: The appellate court interpreted the statute to include folding knives with specific features, such as a locking mechanism, under the definition of a common pocketknife.

Reasoning: Prior cases indicated that features such as a locking mechanism or a belt clip do not necessarily disqualify a knife from being considered a common pocketknife.