T.H. v. STATE

No. 4D02-4283.

859 So.2d 549 (2003)

T.H., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 19, 2003.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Peggy Natale, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, J.

T.H., a minor, appeals his adjudication and disposition for possession of a weapon on school property. We affirm the adjudication of delinquency, but reverse the disposition.

T.H. argues that neither the BB gun nor the paint ball gun found in his book-bag meet the statutory definition of a "firearm" or "weapon." Both this court and the Second District have previously held that a BB gun has the capacity to inflict great bodily harm and, therefore...

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