R.H. v. State
2011 Fla. App. LEXIS 3908
Fla. Dist. Ct. App.2011Background
- R.H. was found with a folding pocketknife on school property during a search after an incident at school.
- The knife was described as three-and-a-quarter inches long; trial testimony varied slightly about length.
- R.H. was charged with violating section 790.115(2), which prohibits possession of a weapon on school premises, as defined by 790.001(13).
- The 790.001(13) definition expressly excludes a common pocketknife from the category of prohibited weapons.
- R.H. moved for judgment of dismissal under Rule 8.110(k), arguing the pocketknife is not a weapon under the statute; the trial court denied the motion.
- The appellate court reverses, holding that possession of a common pocketknife on school grounds does not violate 790.115(2) and remands for dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a common pocketknife falls within 790.115(2)'s weapon prohibition | State argues knife is a weapon under 790.115(2) | R.H. contends pocketknife is exempted by 790.001(13) | RH did not violate the statute; judgment of dismissal reversed and remanded |
Key Cases Cited
- L.B. v. State, 700 So.2d 370 (Fla.1997) (defines common pocketknife and its blade length range)
- A.B. v. State, 757 So.2d 1241 (Fla.4th DCA 2000) (distinguishes earlier statute version excluding 790.001(13) definition)
- J.P. v. State, 855 So.2d 1262 (Fla.4th DCA 2003) (standard for judgments of dismissal identical to acquittal review)
- Jones v. State, 869 So.2d 1240 (Fla.4th DCA 2004) (de novo review of denial of motion for judgment of acquittal)
- T.L.T. v. State, 53 So.3d 1100 (Fla.4th DCA 2011) (standard for reviewing sufficiency in Rule 8.110 motions)