MARTIN v. STATE

No. 99-1345.

747 So.2d 474 (1999)

Willie James MARTIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 30, 1999.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, J.

The sole issue in this case is whether the knife used by appellant to assault and injure his victim by slashing his eye could not, as a matter of law, qualify as a deadly weapon in a prosecution for aggravated battery. The defendant characterizes the knife as a "pocketknife." The defendant asserts a pocketknife can never be a deadly weapon; the State says anything can be a deadly weapon if used in a way likely to produce great bodily harm. The defendant...

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