Emshwiller v. State

443 So.2d 488 (1984)

Dude EMSHWILLER, Appellant,

v.

STATE of Florida, Appellee.

No. 83-1116.

District Court of Appeal of Florida, Second District.

January 13, 1984.

Jerry Hill, Public Defender, Bartow, and Deborah K. Brueckheimer, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and James H. Dysart, Asst. Atty. Gen., Tampa, for appellee.

LEHAN, Judge.

For the following reasons we disagree with all three of appellant's contentions.

A BB gun is a deadly weapon within the meaning of section 784.045, Florida Statutes (1981). See Depasquale v. State, 438 So.2d 159 (Fla.…