STATE v. TINSLEY

No. 96-966.

683 So.2d 1089 (1996)

STATE of Florida, Appellant, v. Deleon Franklin TINSLEY, Appellee.

District Court of Appeal of Florida, Fifth District.

November 15, 1996.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellant.

James M. Sowell, Jr., Leesburg, for Appellee.


W. SHARP, Judge.

The state appeals from the trial court's order which granted Tinsley's motion filed pursuant to rule 3.800 by reducing his attempted second degree murder charge from a first degree felony to a second degree felony. The trial court reasoned that it had been improper to enhance the attempted second degree murder offense pursuant to section 775.087(1) to a first degree offense because use of a weapon was an essential element of the offense as charged...

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