Mendoza v. State

District Court of Appeal of Florida

Mendoza v. State

543 So. 2d 1326, 14 Fla. L. Weekly 1439, 1989 Fla. App. LEXIS 3342, 1989 WL 62738

CourtDistrict Court of Appeal of Florida

DecidedJune 13, 1989

Docket87-1683

StatusPublished

This text of 543 So. 2d 1326 (Mendoza 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

Mendoza v. State, 543 So. 2d 1326, 14 Fla. L. Weekly 1439, 1989 Fla. App. LEXIS 3342, 1989 WL 62738 (Fla. Ct. App. 1989).

Pincite

Opinion

ON CONFESSION OF ERROR

PER CURIAM.

In the absence of a specific jury finding regarding the use of a weapon it was improper to reclassify the offense from a third-degree felony to a second-degree felony pursuant to section 775.087(1)(c), Florida Statutes (1985). See State v. Overfelt, 457 So.2d 1385 (Fla.1984); Lamarca v. State, 515 So.2d 309 (Fla. 3d DCA 1987).

Remanded for correction of the sentence.

Free access — add to your briefcase to read the full text and ask questions with AI

ON CONFESSION OF ERROR

PER CURIAM.

In the absence of a specific jury finding regarding the use of a weapon it was improper to reclassify the offense from a third-degree felony to a second-degree felony pursuant to section 775.087(1)(c), Florida Statutes (1985). See State v. Overfelt, 457 So.2d 1385 (Fla.1984); Lamarca v. State, 515 So.2d 309 (Fla. 3d DCA 1987).

Remanded for correction of the sentence.

Cite This Page — Counsel Stack

Bluebook (online)

543 So. 2d 1326, 14 Fla. L. Weekly 1439, 1989 Fla. App. LEXIS 3342, 1989 WL 62738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendoza-v-state-fladistctapp-1989.

Opinion

Related

Cite This Page — Counsel Stack