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M.D. v. STATE

No. 4D03-1381.

873 So.2d 525 (2004)

M.D., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 19, 2004.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melanie A. Dale, Assistant Attorney General, West Palm Beach, for appellee.

GROSS, J.

M.D. appeals his conviction of carrying a concealed weapon pursuant to section 790.01, Florida Statutes (2001). We reverse because we find that the small wooden bat found in his car was not a "weapon" within the meaning of section 790.01(1).

Officer Francisco Ortiz stopped M.D.'s car for speeding. Believing that M.D. might have been driving under the influence, the officer asked him to step out of the car...

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