Summary
finding that a baseball-sized rock thrown with such force that when it landed five to ten feet from the victim that it produced a loud boom was a deadly weapon
Summary of this case from J.P. v. StateOpinion
No. 90-1937.
April 9, 1991.
Appeal from the Circuit Court, Dade County, Thomas K. Petersen, J.
Bennett H. Brummer, Public Defender, and Valerie Jonas, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Avi J. Litwin, Asst. Atty. Gen., for appellee.
Before HUBBART, NESBITT and COPE, JJ.
We affirm the finding of juvenile delinquency for aggravated assault [§ 784.021, Fla. Stat. (1989)] upon a holding that the trial court did not commit reversible error in denying the respondent's motion for adjudication of non-delinquency. In particular, we conclude, contrary to the respondent's contention, that the state established sufficient evidence from which a trier of fact could find that a "deadly weapon," i.e., one likely to produce death or great bodily harm, Goswick v. State, 143 So.2d 817 (Fla. 1962), was used in the assault committed by the respondent — to wit: a rock the size of a baseball which was thrown by the respondent at the complainant, hitting a nearby wall with a loud "boom" five to ten feet from where the complainant was standing. Compare E.J. v. State, 554 So.2d 578, 580 (Fla. 3d DCA 1989) (Cope, J., concurring in part and dissenting in part); Carter v. State, 469 So.2d 775, 777 (Fla. 1st DCA 1984), rev. denied, 480 So.2d 1293 (Fla. 1985); Wilton v. State, 455 So.2d 1142 (Fla. 2d DCA 1984).
Affirmed.