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EXANTUS v. STATE

No. 98-1651.

734 So.2d 1176 (1999)

Michel EXANTUS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 23, 1999.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Mallorye G. Cunningham, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. While appellant claims that the trial court erred in instructing the jury over defense objection on improper exhibition of a weapon, a lesser included offense to aggravated assault, there was evidence presented at trial to support the instruction. See Wilcott v. State, 509 So.2d 261, 262 (Fla.1987). Thus, no error occurred.

Secondly, there was no error in refusing to dismiss the case based on...

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