District Court of Appeal of Florida June 5, 2002, No. 3D01-2516 (Perez v. State)

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United States · · · 05-06-2002

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.

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