BOSWELL v. STATE

No. 88-1320.

544 So.2d 243 (1989)

Rufus BOSWELL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 28, 1989.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard F. Landau, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellee.

Before BARKDULL, JORGENSON and LEVY, JJ.


PER CURIAM.

Rufus Boswell appeals the enhancement of his sentence. For the following reasons, we reverse and remand for resentencing.

Boswell was charged with, inter alia, first-degree murder and display of a firearm during the commission of a felony. The jury convicted Boswell of the lesser included offense of manslaughter and of the firearm count. The trial court enhanced the manslaughter count, a second-degree felony, to a first-degree felony pursuant to...

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