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POWERS v. STATE

No. 97-03847.

731 So.2d 777 (1999)

Jerod Brandon POWERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 14, 1999.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Julius J. Aulisio, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Acting Chief Judge.

Jerod Brandon Powers appeals his judgment and sentence for aggravated battery with a firearm. His only point on appeal concerns the trial court's decision to reclassify the offense from a second-degree felony to a first-degree felony based on use of a firearm. Such reclassification is precluded under the statute if the crime charged requires use of a firearm. See Dozier v. State, 677 So.2d 1352

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