BROWN v. STATE

No. 5D04-761.

896 So.2d 808 (2005)

Chad D. BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 11, 2005.


Attorney(s) appearing for the Case

Chad D. Brown, Bushnell, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Bonnie J. Parrish, Assistant Attorney General, Daytona Beach, for Appellee.


PLEUS, J.

Brown appeals his resentencing and partial denial of his Rule 3.850 postconviction motion. He argues that the lower court erred by resentencing him for the crime of armed burglary of a dwelling. Although the lower court agreed that the antique rifle he stole from a residence did not qualify as a firearm, Brown argues that the court erred in finding that it qualified as a deadly weapon. We agree and reverse.

Brown was charged by amended information...

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