FOGLE v. STATE

No. 82-291.

429 So.2d 781 (1983)

Joseph FOGLE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 12, 1983.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and May L. Cain, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Diane Zimmer Leeds, Asst. Atty. Gen., for appellee.

Before HENDRY, BASKIN and JORGENSON, JJ.


PER CURIAM.

We reject Fogle's contention that the evidence was legally insufficient to support his conviction of manslaughter. See Rhoden v. State, 149 Fla. 531, 6 So.2d 378 (1942). We agree, however, that the trial court erred in classifying the conviction as a felony of the first degree in the absence of a jury finding that a firearm was used in the commission of the crime. We therefore modify the judgment entered on count one of the indictment to reflect...

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