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NESBITT v. STATE

No. 92-0559.

617 So.2d 430 (1993)

Sean C. NESBITT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 28, 1993.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant, Sean C. Nesbitt, was convicted of murder in the third degree with a firearm. At sentencing, the trial court, relying on section 775.087(1), Florida Statutes (1991), reclassified the conviction from second degree to first degree on the ground that appellant used a firearm in the commission of the offense. This was error. See Gonzalez v. State, 585 So.2d 932 (Fla. 1991); see also Lareau v. State,<...

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