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DANIELS v. STATE

No. 92-2921.

636 So.2d 586 (1994)

Leon DANIELS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 13, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Mark S. Dunn, Asst. Atty. Gen., Daytona Beach, for appellee.

W. SHARP, Judge.

Daniels appeals from his judgments and sentences for third degree felony murder with a firearm1 and aggravated assault with a firearm.2 He argues the trial court erred by reclassifying3 his murder conviction from a second degree felony to a first degree felony because the use of a weapon was an essential element of the predicate felony, aggravated assault with a...

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