State v. Melvin Leon Ivory
The State appealed a trial court's dismissal, under Rule 3.190(c)(4), of a charge of carrying a concealed weapon by a convicted felon involving a machete. The trial court had dismissed the charge because the defendant did not use or threaten to use the machete in a dangerous manner. The Sixth DCA reversed, holding that whether an object is a 'deadly weapon' under the concealed-weapon statute turns on the object's design and construction, not on how it was used, and remanded for the jury to decide whether the machete qualified.
Key facts
- The State appealed a trial court's dismissal of a concealed weapon charge against a convicted felon who was found carrying a machete.
- The trial court dismissed the charge under Rule 3.190(c)(4), reasoning that the defendant did not use or threaten to use the machete in a dangerous manner.
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