ELDRIDGE v. STATE

No. 88-02011.

544 So.2d 332 (1989)

Kenneth ELDRIDGE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 9, 1989.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Megan Olson, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Donna A. Provonsha, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Appellant contends that it was error to reclassify his conviction of aggravated battery with a firearm (a second-degree felony) to a first-degree felony pursuant to section 775.087(1), Florida Statutes (1987).

That statute provides for such reclassification when a weapon is used during the commission of a felony, "except a felony in which the use of a weapon or firearm is an essential element...."

As the state admits, this case falls in...

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