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LESTER v. STATE

No. 96-02953.

702 So.2d 598 (1997)

James Franklin LESTER, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 3, 1997.

Attorney(s) appearing for the Case

William E. Taylor, Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.

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

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