SMITH v. STATE

No. AS-384.

445 So.2d 1050 (1984)

Clifford Talmadge SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

As Corrected on Rehearing March 8, 1984.


Attorney(s) appearing for the Case

Michael Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Kathryn L. Sands, Asst. Atty. Gen., for appellee.


PER CURIAM.

The defendant was tried on a charge of second degree murder and convicted of the lesser offense of manslaughter. At sentencing, the trial judge, over defense objections, announced that he found that the defendant used a firearm during the commission of the offense, reclassified the offense to a first degree felony under Section 775.087(1), Florida Statutes (1981), and sentenced the defendant to a term of twenty-five years imprisonment.

The defendant...

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