FRANKLIN v. STATE

No. 88-988.

541 So.2d 1227 (1989)

Jeffrey Lamar FRANKLIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 3, 1989.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and T. Orin Lee, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Appellant, Jeffrey Lamar Franklin, challenges the trial court order that enhanced his third degree murder conviction, a second degree felony, to a first degree felony under section 775.087(1), Florida Statutes (1987) because appellant used a weapon while committing the felony. He argues that his use of a weapon was an essential element of the offense and should not have been used to enhance his sentence under section 775.087(1). We agree.

Appellant...

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