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METZ v. STATE

No. 2D08-701.

15 So.3d 32 (2009)

Dennis METZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 15, 2009.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Siobhan Helene Shea, Special Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Anne Sheer Weiner, Assistant Attorney General, Tampa, for Appellee.

DAKAN, STEPHEN L., Associate Senior Judge.

Dennis Metz challenges his judgment and sentence for aggravated battery. Because the trial court erred by reclassifying the offense from a second-degree felony to a first-degree felony, pursuant to section 775.087(1)(b), Florida Statutes (2006), we reverse and remand for the trial court to resentence Metz for a second-degree felony.

"Section 775.087(1) requires that a second...

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