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MITCHELL v. STATE

No. 91107.

703 So.2d 1062 (1997)

Dexter MITCHELL, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

December 18, 1997.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Carol J.Y. Wilson, Assistant Public Defender, Tenth Judicial Circuit, Clearwater, for Petitioner.

Robert A. Butterworth, Attorney General; Robert J. Krauss, Senior Assistant Attorney General, Chief of Criminal Law and Wendy Buffington, Assistant Attorney General, Tampa, for Respondent.

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...

Let's get started

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