Lester v. State

CAMPBELL, Judge.

Appellant challenges his judgment and sentence for aggravated assault on a law enforcement officer. Of the two issues presented for our review, we find merit only in that regarding sentencing.

Appellant first argues that the state failed to prove he was guilty of aggravated assault because the unloaded BB gun he used to threaten the officers did not constitute a deadly weapon. We disagree. The Florida Supreme Court has recently held in Dale v. State, 703 So.2d 1045 (Fla.1997), that an unloaded BB gun can in fact be a deadly weapon and that the issue is one to be determined by…