Florida appeals court backs charge of felon with concealed machete
TALLAHASSEE — A state appeals court Tuesday said a man can face a charge of carrying a concealed weapon by a convicted felon after police discovered he was carrying a machete at an Orlando Walmart.
A three-judge panel of the 6th District Court of Appeal overturned an Orange County circuit judge's ruling that dismissed the charge against Melvin Leon Ivory. Circuit Judge Kevin Weiss ruled in December 2023 that prosecutors couldn't establish a case of carrying a concealed weapon by a convicted felon because the machete "was not being used or carried in a dangerous or threatening manner."
But the appeals court concluded that a machete could be considered a deadly weapon, though the law barring felons from carrying concealed weapons does not specifically mention it.
"Ironically, when arguing his motion to dismiss below (in circuit court), the defendant provided the trial court with the Wikipedia definition of machete as being 'a broad blade used either as an agricultural implement similar to an axe, or in combat like a long-bladed knife,'" the appeals-court opinion said. "Logically, a weapon defined as also being intended for use in combat is one that would be likely to cause death or great bodily harm if used in its ordinary and usual manner."
The opinion, written by Judge Brian Lambert and joined by Judges John Stargel and Jared Smith, also drew a distinction between the case and a 1990 appellate decision about whether a pocketknife could be considered a deadly weapon.
"A common pocketknife can only become a dangerous or deadly weapon if, under the facts of the case, it is used or threatened to be used in a manner likely to cause death or great bodily harm," Tuesday's opinion said. "Stated more plainly, possession of or carrying a concealed, common pocketknife by a convicted felon, without more, is not a crime. The same does not hold true for a machete."
The opinion sent the case back to circuit court, saying that whether the machete is a "deadly weapon that could not be carried concealed by a convicted felon under (the law) is for the jury to decide."
A police report included in the Orange County court docket said Ivory was arrested after he was suspected of shoplifting in October 2023. The report alleged that Ivory went to the Walmart store's sporting-goods section and picked up two machetes and lighter fluid. After also selecting some clothes, he went to a restroom and changed clothing.
When confronted by police, he was carrying one machete in his hand and had the other in the waistband of his pants, the report said.