FAVORS v. STATE

No. 86-233.

506 So.2d 1109 (1987)

Judge Elwood FAVORS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 6, 1987.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Lauren Hafner Sewell, Asst. Atty. Gen., Tampa, for appellee.


DANAHY, Chief Judge.

Appellant contends that his sentence is erroneous since the degrees of crime for which he was convicted were wrongly reclassified pursuant to section 775.087, Florida Statutes (1981). The error concerns the fact that the reclassification was based on the use of a weapon during the commission of the crimes — one a felony, one a misdemeanor. Appellant argues that reclassification was improper since (1) the felony conviction was for robbery...

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