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"Soda Can" can be a deadly missile
November 25, 2008
Topic: Criminal
The 1st DCA recently upheld a conviction for aggravated battery where a defendant threw a soda can out of a moving vehicle, hitting the alleged victim in the head. The victim was riding a motor scooter down the road in Nassau county when the defendant allegedly leaned out of a van and hit the victim with the can, and proceeded to "flip off" the victim. The court ruled that a soda can could be a deadly missile and that the conviction for under Florida Statute 784.045, specfically 784.045(1)(a)2. Addtionally, the Defendant was guilty of wantonly and maliciously shooting or throwing a missile, hurled object or stone under Florida Statute 790.19.
The case is reported at 33 Fla. L. Weekly D2667a in the Florida Law Weekly.
