2D2022-3945
The Second DCA affirmed a juvenile's adjudications for possessing a weapon on school property and trespass on school property with a weapon, holding that a deputy's testimony relaying another officer's statement that a BB gun had a CO2 cartridge was inadmissible hearsay not covered by the spontaneous statement exception. The court found the error harmless because independent evidence—M.D.M.'s attempt to sell the BB gun without disclosing any operability defects—sufficiently implied the gun was operable, satisfying Florida's 'deadly weapon' standard for BB guns even absent proof of the CO2 cartridge.
Key facts
- Juvenile M.D.M. was charged with possessing a weapon on school property and trespass on school property with a weapon after a BB gun was found in her possession at school.
- A deputy testified at trial that another officer had stated the BB gun contained a CO2 cartridge, but M.D.M. appealed arguing this statement was inadmissible hearsay.
- +2 more key facts with a free trial
Why it matters
This opinion gives criminal practitioners a clear, quotable articulation that Florida's spontaneous statement hearsay exception demands genuine spontaneity—not mere temporal proximity—and that officer-to-officer… — full analysis with a trial
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