Cook v. Crosby, 914 So. 2d 490 (FL Ct. App. 2005)

RICHARD WAYNE COOK, Appellant, v. JAMES V. CROSBY, JR., SECRETARY, DEPARTMENT OF CORRECTIONS, Appellee.

CASE NO. 1D05-2355

COURT OF APPEAL OF FLORIDA, FIRST DISTRICT

914 So. 2d 490; 2005 Fla. App. LEXIS 17534; 30 Fla. L. Weekly D 2553

November 7, 2005, Opinion Filed

COUNSEL:
RICHARD WAYNE COOK, Appellant, Pro se.
Charlie Crist, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.

JUDGES:
ERVIN, BARFIELD and VAN NORTWICK, JJ., CONCUR.

OPINION
PER CURIAM.

Richard Cook filed a petition for writ of habeas corpus, contending that his convictions pursuant to a nolo plea for carrying a concealed weapon and improper exhibition of a dangerous weapon are unlawful, because he was carrying a razor knife, or box cutter, which this court determined cannot be a dangerous weapon in Holley v. State, 877 So. 2d 893 (Fla. 1st DCA 2004). 1 The trial court denied the petition and we affirm. Cook has raised this issue in previous post-conviction motions; hence the petition was procedurally barred. See Frazier v. State, 898 So. 2d 1183 (Fla. 3d DCA 2005); Heilmann v. State, 832 So. 2d 834 (Fla. 5th DCA 2002).

AFFIRMED.
ERVIN, BARFIELD and VAN NORTWICK, JJ., CONCUR.

Footnotes:

1 Although a razor knife/box cutter was not designed or constructed to cause death or great bodily harm, it can be a deadly weapon if the defendant uses, threatens to use, or intends to use it in a manner likely to cause death or great bodily harm. See Holley, 877 So. 2d at 896; M.L. v. State, 842 So. 2d 257 (Fla. 1st DCA 2003); State v. Fleming, 606 So. 2d 1229 (Fla. 1st DCA 1992).