L.M. v. STATE

No. 3D10-1431.

77 So.3d 720 (2011)

L.M., a juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 16, 2011.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Michael T. Davis , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Nikole Hiciano , Assistant Attorney General, for appellee.

Before SALTER and EMAS, JJ., and SCHWARTZ, Senior Judge.


SCHWARTZ, Senior Judge.

The juvenile appellant was adjudicated delinquent on the basis of several violations of the law only one of which is challenged on this appeal. We uphold his contention that he was improperly found guilty of carrying a concealed weapon under section 790.01(1), Florida Statutes (2009). The so called "weapon" was a BB gun which lacked a CO2 air cartridge, was not loaded with pellets, and as to which there was no testimony describing its operation...

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