EMSHWILLER v. STATE

No. 83-1116.

443 So.2d 488 (1984)

Dude EMSHWILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 13, 1984.


Attorney(s) appearing for the Case

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. 2d DCA 1983).

Under the particular facts shown by the record in this case, there was no error in the trial court's denial of defendant's motion for mistrial based upon a witness...

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