Mendoza v. State
543 So. 2d 1326, 14 Fla. L. Weekly 1439, 1989 Fla. App. LEXIS 3342, 1989 WL 62738
Opinion
ON CONFESSION OF ERROR
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.
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Mendoza v. State, 543 So. 2d 1326, 14 Fla. L. Weekly 1439, 1989 Fla. App. LEXIS 3342, 1989 WL 62738 (Fla. Ct. App. 1989).
543 So. 2d 1326 (Mendoza v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Overfelt
457 So. 2d 1385 (Supreme Court of Florida, 1984)
Lamarca v. State
515 So. 2d 309 (District Court of Appeal of Florida, 1987)