Hammond v. State

Full title: ANTHONY HAMMOND, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Feb 4, 2004

864 So. 2d 586 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 3D03-1344.

Opinion filed February 4, 2004.

An Appeal from the Circuit Court for Monroe County, Wayne M. Miller, Judge. Lower Tribunal No. 02-1248.

Bennett H. Brummer, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before GREEN, RAMIREZ, and WELLS, JJ.

PER CURIAM.

Affirmed. Anthony Hammond appeals his conviction of aggravated assault with a deadly weapon challenging the constitutionality of section 775.051, Florida Statutes (1999). For the reasons stated in Barrett v. State, 28 Fla. L. Weekly D2237 (Fla. 2d DCA Sept. 26, 2003) and Cuc v. State, 834 So.2d 378 (Fla. 4th DCA 2003), review denied, 847 So.2d 975 (Fla. 2003), we reject this argument. We likewise find no merit in Hammond's two other arguments.