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CERRATO v. STATE

No. 90-1069.

576 So.2d 351 (1991)

Balmory Antonio CERRATO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 5, 1991.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Marti Rothenberg and Carol J.Y. Wilson, Asst. Public Defenders, for appellant.

Robert A. Butterworth, Atty. Gen., and Jorge Espinosa, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT and JORGENSON, JJ.

PER CURIAM.

We affirm the judgment of conviction for attempted second-degree murder. See State v. DiGuilio, 491 So.2d 1129 (Fla. 1986). However, because the information did not charge the defendant with shooting the victim with a firearm, the trial court erred in reclassifying the offense from a second-degree felony to a first-degree felony and in imposing a three-year mandatory minimum sentence. See Sullivan v. State...

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