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TUNSIL v. STATE

No. 3D01-1022.

797 So.2d 651 (2001)

Douglas TUNSIL, III, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 24, 2001.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Lisa Walsh, Assistant Public defender, for appellant.

Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

Before COPE, GODERICH and SHEVIN, JJ.

COPE, J.

Douglas Tunsil, III, appeals an order denying his motion to correct illegal sentence. We reverse.

Defendant-appellant Tunsil was convicted on count one, third degree murder with a firearm, and count two, aggravated assault with a firearm.

On count one, third degree murder is a second degree felony. § 782.04(4), Fla. Stat. (1993). The trial court enhanced the crime to a first degree felony on account of the use of a firearm. Id.

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