ISAAC v. STATE

No. 92-418.

620 So.2d 240 (1993)

Alfred ISAAC, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 22, 1993.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Lynn A. Williams, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for appellee.


SHIVERS, Senior Judge.

Appellant appeals his conviction, after jury trial, of aggravated battery with a firearm. We affirm his conviction but reverse his sentence and remand for resentencing.

As the state concedes, appellant's aggravated battery conviction was improperly reclassified from a second-degree felony to a first-degree felony, pursuant to section 775.087(1), Florida Statutes (1989) because, in this case, the use of a weapon was an essential element...

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