Rodriguez v. State

SCHWARTZ, Chief Judge.

Treating the only substantive point which merits discussion, we hold that the defendant’s act of pointing a pistol at the victim to secure acquiescence to his acts of simple battery by non-consensually touching her intimate areas, involved the “use” of a deadly weapon in the commission of the battery within the meaning of sub-subsection (l)(a)2 of the aggravated battery statute, § 784.045, Fla.Stat. (1989).1 Gaston v. State, 672 S.W.2d 819, 821 (Tex. App.1983) (“Appellant here argues that since he did not physically move the gun, point it or threaten to shoot defendant,…