Perez v. State

SCHWARTZ, Chief Judge.

We reject the defendant’s contention that the evidence does not support his conviction for aggravated battery.1 § 784.045(1)(a), Fla. Stat. (2000).2 Although we agree that his throwing at and *958striking a police officer with a traffic barricade during a foot chase did not involve the use of the barricade as a “deadly weapon” so as to constitute a violation of section 784.045(1)(a) 2, see Williams v. State, 651 So.2d 1242 (Fla. 2d DCA 1995); Aiken v. State, 425 So.2d 641 (Fla. 3d DCA 1983), the judgment is affirmed under section 784.045(1)(a)1 because the record establishes…