COOK v. CROSBY (2005)

 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.

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).

PER CURIAM.

ERVIN, BARFIELD and VAN NORTWICK, JJ., concur.