WALLACE v. STATE

No. 94-02053.

665 So.2d 313 (1995)

Joseph R. WALLACE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 15, 1995.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph Hwan-Yul Lee, Assistant Attorney General, Tampa, for Appellee.


FRANK, Acting Chief Judge.

Joseph R. Wallace was convicted of felony second degree murder with a firearm, and armed burglary of a dwelling with a firearm. He contends that his sentence was illegally enhanced because of the firearm. We agree.

During the commission of a burglary, one of the criminal participants was shot and killed. The court imposed a sentence of forty years in prison on the murder charge, which was...

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