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MENDOZA v. STATE

87-1683.

543 So.2d 1326 (1989)

Armando MENDOZA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 13, 1989.

Attorney(s) appearing for the Case

Armando Mendoza, in pro. per.

Robert A. Butterworth, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., for appellee.

Before FERGUSON, COPE and LEVY, JJ.

ON CONFESSION OF ERROR

PER CURIAM.

In the absence of a specific jury finding regarding the use of a weapon it was improper to reclassify the offense from a third-degree felony to a second-degree felony pursuant to section 775.087(1)(c), Florida Statutes (1985). See State v. Overfelt, 457 So.2d 1385 (Fla. 1984); Lamarca v. State, 515 So.2d 309 (Fla. 3d DCA 1987).

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