HUTCHINSON v. STATE

No. 2D01-1060.

816 So.2d 1186 (2002)

Corey HUTCHINSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 22, 2002.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Andrea Norgard, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.


SILBERMAN, Judge.

Corey Hutchinson appeals his judgment and sentence for robbery with a weapon. He argues that reversal is required because the starter pistol that he used during the course of the robbery does not qualify as a weapon under Florida law. Based on the evidence presented in the trial court, we agree and reverse.

The term "weapon" is defined in section 790.001(13), Florida Statutes (1999), as "any dirk, metallic knuckles, slungshot, billie, tear...

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