J.T. v. STATE

No. 4D09-3457.

47 So.3d 934 (2010)

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

District Court of Appeal of Florida, Fourth District.

November 17, 2010.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Ephrat Livni , Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum , Attorney General, Tallahassee, and Mitchell A. Egber , Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

J.T. appeals an order finding him guilty of possession of a weapon or firearm on school property. He contends that the state failed to prove that the BB gun he brought onto school property was operable and thus a weapon. Because the state produced the BB gun at trial, and the officer testified regarding its operation and ability to inflict harm, the deadliness of the weapon was a question of fact, and the trial court properly denied J.T.'s motion for judgment...

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