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R.H., a child, Appellant, v. STATE OF FLORIDA, Appellee

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 R.H., a child, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-4654 [March 23, 2011] LEVINE, J. The issue presented is whether the appellant violated section 790.115(2), Florida Statutes (2009), by possessing a common pocketknife on school property. We find that the appellant cannot be adjudicated of this crime since the statute exempts possession of a ?common pocketknife? from the definition of a weapon that may not be possessed on school property.After an incident at school, R.H. was brought to the assistant principal?s office, where a search revealed a knife hidden in R.H.?s boxer shorts. The school resource officer described the knife as ?a folding pocketknife with a wooden handle and blade with the tip broken off, and the blade from [his] measurement was three and a quarter inches...continue to full post

Full post as published by Florida Criminal Law Opinions on March 23, 2011 (boomark / email).