HALL v. STATE

No. BE-498.

483 So.2d 549 (1986)

Darrial Marion HALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 21, 1986.


Attorney(s) appearing for the Case

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

Jim Smith, Atty. Gen., Royall P. Terry, Jr., Asst. Atty. Gen., for appellee.


McCORD, GUYTE P., Jr. (Ret.), Associate Judge.

Hall appeals his conviction for carrying a concealed firearm. He contends the trial court erred in reclassifying his crime from a third degree felony to a second degree felony in his sentencing guidelines scoresheet. We agree and reverse.

Carrying a concealed firearm is a third degree felony. Section 790.01(2), Florida Statutes (1983). The prosecutor below, erroneously believing that a notice of habitual offender...

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