HAMMOND V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2004 ANTHONY HAMMOND, ** ** Appellant, ** vs. ** THE STATE OF FLORIDA, ** Appellee. CASE NO. 3D03-1344 LOWER TRIBUNAL NO. 02-1248 ** Opinion filed February 4, 2004. An Appeal from the Circuit Court for Monroe County, Wayne M. Miller, Judge. 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. aggravated Anthony assault with Hammond a appeals deadly his weapon conviction challenging of 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. 2

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