Exantus v. State

Affirmed. While appellant claims that the trial court erred in instructing the jury over defense objection on improper exhibition of a weapon, a lesser included offense to aggravated assault, there was evidence presented at trial to support the instruction. See Wilcott v. State, 509 So.2d 261, 262 (Fla.1987). Thus, no error occurred.

Secondly, there was no error in refusing to dismiss the case based on appellant’s claim that the police destroyed exculpatory evidence. Since the trial court could not determine that the evidence would have been exculpatory, a due process violation justifying…