Eldridge v. State

District Court of Appeal of Florida

Eldridge v. State

544 So. 2d 332, 14 Fla. L. Weekly 1403, 1989 Fla. App. LEXIS 3261, 1989 WL 61112

CourtDistrict Court of Appeal of Florida

DecidedJune 9, 1989

DocketNo. 88-02011

StatusPublished

This text of 544 So. 2d 332 (Eldridge 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

Eldridge v. State, 544 So. 2d 332, 14 Fla. L. Weekly 1403, 1989 Fla. App. LEXIS 3261, 1989 WL 61112 (Fla. Ct. App. 1989).

Pincite

Opinion

PER CURIAM.

Appellant contends that it was error to reclassify his conviction of aggravated battery with a firearm (a second-degree felony) to a first-degree felony pursuant to section 775.087(1), Florida Statutes (1987).

That statute provides for such reclassification when a weapon is used during the commission of a felony, “except a felony in which the use of a weapon or firearm is an essential element....”

As the state admits, this case falls in that exception and it was error to so enhance the judgment. See Thompson v. State, 438 So.2d 1005 (Fla. 2d DCA 1983), and Bell v. State, 394 So.2d 570 (Fla. 5th DCA 1981).

Therefore, we reverse and remand for correction of the judgment to reflect that appellant was convicted of a second-degree felony and for appropriate resentencing.

SCHOONOVER, A.C.J., HALL and ALTENBERND, JJ., concur.

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