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McCULLOUGH v. STATE

No. 84-518.

456 So.2d 492 (1984)

Larry Hodge McCULLOUGH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Granted as Modified September 21, 1984.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.

CAMPBELL, Judge.

Appellant, Larry Hodge McCullough, appeals his sentence for attempted manslaughter with a firearm and dealing in stolen property.

Appellant argues on appeal that the trial court erred in reclassifying attempted manslaughter from a third degree felony to a second degree felony for use of a firearm since section 775.087, Florida Statutes (1979) only applies to the charged offense and not to lesser...

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