C.R. v. State, 73 So. 3d 825

C.R. brought a knife to his middle school and asked another student to hold it for protection.
C.R. was charged by petition for juvenile delinquency with possession of a weapon on school property under 790.115(2), Florida Statutes (2008).
The weapon definition in 790.001(13) excludes a common pocketknife, plastic knife, or blunt-bladed table knife from being a weapon.
The trial court denied a motion for judgment of dismissal, finding the knife did not qualify as a common pocketknife.
On appeal, the issue is whether the knife falls within the common pocketknife exception; the court concludes the knife is not distinguishable from a common pocketknife and reverses for dismissal.
The case remands to enter a judgment of dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the knife is a common pocketknife under 790.001(13).	C.R. is a folding knife with blade ≤4 inches, thus a common pocketknife.	The knife has features that may distinguish it as a weapon, not a common pocketknife.	Yes; the knife is not a common pocketknife; reversal and dismissal

L.B. v. State, 700 So.2d 370 (Fla.1997) (definition of common pocketknife and blade-length considerations)
J.D.L.R. v. State, 701 So.2d 626 (Fla.3d DCA 1997) (knife with weapon-like features may fall outside common pocketknife exception)
K.H. v. State, 29 So.3d 426 (Fla.5th DCA 2010) (distinguishing a non-ordinary knife from common pocketknife based on design features)
R.E. v. State, 13 So.3d 97 (Fla.4th DCA 2009) (de novo review of denial of dismissal in juvenile proceedings)
T.L.T. v. State, 53 So.3d 1100 (Fla.4th DCA 2011) (standard for reviewing denial of judgment of dismissal)