From Casetext: Smarter Legal Research

Hicken v. State

District Court of Appeal of Florida, Fourth District
Feb 7, 1975
307 So. 2d 456 (Fla. Dist. Ct. App. 1975)

Opinion

No. 74-937.

February 7, 1975.

Appeal from Circuit Court, Seminole County; David U. Strawn, Judge.

O.H. Eaton, Jr., of Stenstrom, Davis McIntosh, Sanford, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert B. Breisblatt, Asst. Atty. Gen., West Palm Beach, for appellee.


We have examined the record and considered the respective arguments. It is our opinion, with reference to appellant, that his Points 2 and 3 lack merit. We agree that a charge should have been given on aggravated assault. However, the omission was harmless in light of the authority of DeLaine v. State, 262 So.2d 655 (Fla. 1972) and Fla. Stat. 924.33 (1973).

Affirmed.

OWEN, C.J., WALDEN, J., and YAWN, THERON A., Jr., Associate Judge, concur.


Summaries of

Hicken v. State

District Court of Appeal of Florida, Fourth District
Feb 7, 1975
307 So. 2d 456 (Fla. Dist. Ct. App. 1975)
Case details for

Hicken v. State

Case Details

Full title:ROBERT P. HICKEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 7, 1975

Citations

307 So. 2d 456 (Fla. Dist. Ct. App. 1975)