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LEGG v. STATE

No. 98-04916.

742 So.2d 826 (1999)

Thomas M. LEGG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 3, 1999.

Attorney(s) appearing for the Case

Mark S. Gruber, Brandon, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee.

WHATLEY, Acting Chief Judge.

Thomas M. Legg appeals his sentence for aggravated battery with a firearm. He contends that the trial court erred in sentencing him by reclassifying his conviction from a second-degree to a first-degree felony pursuant to section 775.087(1), Florida Statutes (1995). We agree and reverse.1

Section 775.087(1) allows a trial court to reclassify a felony to the next higher degree where a firearm was used...

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