State v. Ivory
The State appealed the dismissal of a charge of carrying a concealed weapon by a convicted felon (§790.23) after the trial court ruled, based on Arroyo v. State, that a machete could not be a 'deadly weapon' as a matter of law because the defendant did not use or threaten to use it in a dangerous manner. The Sixth DCA reversed, holding that whether an object qualifies as a deadly weapon under §790.001(4)(a) turns on its design and construction—not how it was actually used—and distinguished Arroyo because a common pocketknife is statutorily excluded from the weapon definition while a machete is not.
Key facts
- Defendant, a convicted felon, was charged with carrying a concealed machete in violation of Florida Statute §790.23.
- The trial court dismissed the charge, ruling that a machete could not constitute a 'deadly weapon' as a matter of law because the defendant did not use or threaten to use it in a dangerous manner.
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Why it matters
This opinion clarifies the analytical framework for 'other deadly weapon' determinations under §790.001(4)(a) in concealed-weapon-by-felon prosecutions, confirming that courts must look to an object's inherent… — full analysis with a trial
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