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STATE v. GRAY

No. 93-01489.

633 So.2d 105 (1994)

STATE of Florida, Appellant, v. Carol Hobbs GRAY, Appellee.

District Court of Appeal of Florida, Second District.

March 11, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Michele Taylor, Asst. Atty. Gen., Tampa, for appellant.

Jack T. Edmund, Bartow, for appellee.

FULMER, Judge.

The State of Florida appeals the trial court's refusal to reclassify the conviction of Carol Hobbs Gray to a first degree felony pursuant to section 775.087(1)(b), Florida Statutes (1991). We reverse, vacate the sentence and remand with instructions to reclassify the conviction to a first degree felony and sentence accordingly.

Gray was charged with attempted murder in the first degree and shooting into a building.1

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