HAWRYLUK v. STATE

No. 87-1485.

529 So.2d 1186 (1988)

Mathew Edward HAWRYLUK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

As Clarified on Rehearing August 25, 1988.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

Charged with the crime of attempted first degree murder by "stabbing [the victim] with a knife," the defendant was convicted by a jury of "the lesser included offense of attempted second degree murder." The defendant contends that the court erroneously reclassified the crime for which he was convicted from a second degree to a first degree felony. We agree, and remand the case for resentencing.

Section 775.087(1)(b) provides:

Unless...

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