WEBB v. STATE

No. XX-280.

410 So.2d 944 (1982)

Mallory WEBB, III, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 25, 1982.


Attorney(s) appearing for the Case

Michael Allen, Public Defender, Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Gregory C. Smith, Asst. Atty. Gen., Tallahassee, for appellee.


WENTWORTH, Judge.

Appellant seeks review of a judgment of conviction of third degree felony murder and a sentence which was enhanced pursuant to § 775.087(1), Florida Statutes. We affirm the judgment of conviction, but reverse the enhanced sentence since § 775.087(1) is expressly inapplicable when "the use of a weapon or firearm is an essential element" of the substantive offense.

Although the use of a weapon is not an essential element of the substantive...

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