Craiger v. State

District Court of Appeal of Florida

Craiger v. State

503 So. 2d 968, 12 Fla. L. Weekly 746, 1987 Fla. App. LEXIS 12050

CourtDistrict Court of Appeal of Florida

DecidedMarch 11, 1987

DocketNos. 4-86-0904, 4-86-0929

StatusPublished

This text of 503 So. 2d 968 (Craiger v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Craiger v. State, 503 So. 2d 968, 12 Fla. L. Weekly 746, 1987 Fla. App. LEXIS 12050 (Fla. Ct. App. 1987).

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Opinion

LETTS, Judge.

We per curiam affirm Case No. 4-86-0904.

The defendant in Case No. 4-86-0929 resisted a police officer with violence, and displayed a firearm in the process. We hold it was error not to reclassify the felony from a third degree felony to a second degree felony.

In the case at bar, the defendant pointed a pistol in the general direction of a police officer and ordered the officer, who had come to arrest him, off his property. He was charged, among other things, with resisting a police officer with violence under section 843.01, Florida Statutes (1985), which crime is classified as a third degree felony. However, under section 775.087(1), Florida Statutes (1985), any such third degree felony “shall be reclassified ... to a felony of the second degree” when the defendant displays a firearm (unless the use of the firearm is an essential element of the felony, which it was not sub judice).

Accordingly, it was error not to reclassify the felony.

The State also contends that the defendant should have been given the mandatory minimum sentence of three years under section 775.087(2), Florida Statutes (1985). However, that section calls for such a sentence for specifically enumerated crimes. The defendant here was convicted of resisting an officer with violence which is not one of those enumerated. As a consequence, the trial court did not err by failing to mete out such a sentence. See White v. State, 499 So.2d 23 (Fla. 1st DCA 1986).

REVERSED AND REMANDED.

ANSTEAD and GLICKSTEIN, JJ., concur.

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LETTS, Judge.

We per curiam affirm Case No. 4-86-0904.

The defendant in Case No. 4-86-0929 resisted a police officer with violence, and displayed a firearm in the process. We hold it was error not to reclassify the felony from a third degree felony to a second degree felony.

In the case at bar, the defendant pointed a pistol in the general direction of a police officer and ordered the officer, who had come to arrest him, off his property. He was charged, among other things, with resisting a police officer with violence under section 843.01, Florida Statutes (1985), which crime is classified as a third degree felony. However, under section 775.087(1), Florida Statutes (1985), any such third degree felony “shall be reclassified ... to a felony of the second degree” when the defendant displays a firearm (unless the use of the firearm is an essential element of the felony, which it was not sub judice).

Accordingly, it was error not to reclassify the felony.

The State also contends that the defendant should have been given the mandatory minimum sentence of three years under section 775.087(2), Florida Statutes (1985). However, that section calls for such a sentence for specifically enumerated crimes. The defendant here was convicted of resisting an officer with violence which is not one of those enumerated. As a consequence, the trial court did not err by failing to mete out such a sentence. See White v. State, 499 So.2d 23 (Fla. 1st DCA 1986).

REVERSED AND REMANDED.

ANSTEAD and GLICKSTEIN, JJ., concur.

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Bluebook (online)

503 So. 2d 968, 12 Fla. L. Weekly 746, 1987 Fla. App. LEXIS 12050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craiger-v-state-fladistctapp-1987.

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