CHAPMAN v. STATE

No. 91-02272.

597 So.2d 431 (1992)

James Luchion CHAPMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 24, 1992.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Elaine L. Thompson, Asst. Atty. Gen., Hollywood, for appellee.


DANAHY, Judge.

In this appeal from a conviction and sentence for attempted second degree murder, the appellant raises only a sentencing error. He contends that the trial court erred in reclassifying his offense from a second degree felony to a first degree felony based on the use of a weapon pursuant to section 775.087(1), Florida Statutes (1989). We agree and reverse because the jury did not make the required factual finding that a weapon was used; thus, there is...

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