Isaac v. State

District Court of Appeal of Florida

Isaac v. State

620 So. 2d 240, 1993 Fla. App. LEXIS 6561, 1993 WL 214581

CourtDistrict Court of Appeal of Florida

DecidedJune 22, 1993

DocketNo. 92-418

StatusPublished

Cited by1 cases

This text of 620 So. 2d 240 (Isaac 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.

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Isaac v. State, 620 So. 2d 240, 1993 Fla. App. LEXIS 6561, 1993 WL 214581 (Fla. Ct. App. 1993).

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Opinion

SHIVERS, Senior Judge.

Appellant appeals his conviction, after, jury trial, of aggravated battery with a firearm. We affirm his conviction but reverse his sentence and remand for resen-tencing.

As the state concedes, appellant’s aggravated battery conviction was improperly reclassified from a second-degree felony to a first-degree felony, pursuant to section 775.087(1), Florida Statutes (1989) because, in this case, the use of a weapon was an essential element of appellant’s crime. See Lareau v. State, 573 So.2d 813 (Fla.1991) and Brown v. State, 583 So.2d 742 (Fla. 1st DCA 1991). Therefore, appellant’s sentence is reversed and this cause is remanded for resentencing without reclassification pursuant to section 775.087, Florida Statutes.

ERVIN and WOLF, JJ., concur.

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SHIVERS, Senior Judge.

Appellant appeals his conviction, after, jury trial, of aggravated battery with a firearm. We affirm his conviction but reverse his sentence and remand for resen-tencing.

As the state concedes, appellant’s aggravated battery conviction was improperly reclassified from a second-degree felony to a first-degree felony, pursuant to section 775.087(1), Florida Statutes (1989) because, in this case, the use of a weapon was an essential element of appellant’s crime. See Lareau v. State, 573 So.2d 813 (Fla.1991) and Brown v. State, 583 So.2d 742 (Fla. 1st DCA 1991). Therefore, appellant’s sentence is reversed and this cause is remanded for resentencing without reclassification pursuant to section 775.087, Florida Statutes.

ERVIN and WOLF, JJ., concur.

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620 So. 2d 240, 1993 Fla. App. LEXIS 6561, 1993 WL 214581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/isaac-v-state-fladistctapp-1993.

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