
    Robert P. HICKEN, Appellant, v. STATE of Florida, Appellee.
    No. 74-937.
    District Court of Appeal of Florida, Fourth District.
    Feb. 7, 1975.
    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.
   PER CURIAM.

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.  