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M.J. v. STATE

No. 4D11-3744.

100 So.3d 1286 (2012)

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

District Court of Appeal of Florida, Fourth District.

November 28, 2012.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Alan T. Lipson , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Melvin G. Mosier , Assistant Attorney General, West Palm Beach, for appellee.

GROSS, J.

Convicted of "exhibiting a firearm or other deadly weapon in a rude, careless, angry or threatening manner," appellant contends that the State failed to meet its burden of proving that the BB gun he wielded was a "weapon" within the meaning of section 790.10, Florida Statutes (2011). We agree and therefore reverse and remand for the entry of a judgment of dismissal.

Section 790.10 provides:

If any person having or carrying any dirk, sword...

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