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RODRIGUEZ v. STATE

No. 88-1789.

594 So.2d 318 (1992)

Jose Ricardo RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 17, 1992.

Attorney(s) appearing for the Case

George T. Yoss and Arthur Joel Berger, Miami, for appellant.

Robert A. Butterworth, Atty. Gen. and Michael Neimand, Asst. Atty. Gen. and Lauri Waldman Ross, Sp. Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and GERSTEN, JJ.

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 (1)(a)2 of the aggravated battery statute, § 784.045, Fla. Stat. (1989).1

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