CRAWFORD v. STATE

No. 2D02-2762.

858 So.2d 1131 (2003)

Errol CRAWFORD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 31, 2003.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Frank D.L. Winstead, Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.


FULMER, Judge.

Errol Crawford challenges his thirty-year sentence for aggravated battery. Because the trial court erred in utilizing the weapon enhancement in section 775.087(1), Florida Statutes (1997), we reverse and remand for the trial court to resentence Crawford for a second-degree felony.

Section 775.087(1) precludes reclassification if the crime charged requires the use of a weapon as one of its essential elements. The jury was instructed that it could...

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