Nesbitt v. State

District Court of Appeal of Florida

Nesbitt v. State

617 So. 2d 430, 1993 Fla. App. LEXIS 4738, 1993 WL 130952

CourtDistrict Court of Appeal of Florida

DecidedApril 28, 1993

DocketNo. 92-0559

StatusPublished

This text of 617 So. 2d 430 (Nesbitt 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

Nesbitt v. State, 617 So. 2d 430, 1993 Fla. App. LEXIS 4738, 1993 WL 130952 (Fla. Ct. App. 1993).

Pincite

Opinion

PER CURIAM.

Appellant, Sean C. Nesbitt, was convicted of murder in the third degree with a firearm. At sentencing, the trial court, relying on section 775.087(1), Florida Statutes (1991), reclassified the conviction from second degree to first degree on the ground that appellant used a firearm in the commission of the offense. This was error. See Gonzalez v. State, 585 So.2d 932 (Fla.1991); see also Lareau v. State, 554 So.2d 638 (Fla. 4th DCA 1989), approved, 573 So.2d 813, 815 (Fla.1991).

We therefore affirm the conviction but reverse the sentence, and remand for re-sentencing in light of this opinion.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

ANSTEAD, HERSEY and WARNER, JJ., concur.

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