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Florida District Courts of Appeal, 1989

Mendoza v. State

Mendoza v. State
Florida District Courts of Appeal · Decided June 13, 1989 · Cope, Ferguson, Levy
543 So. 2d 1326; 14 Fla. L. Weekly 1439; 1989 Fla. App. LEXIS 3342; 1989 WL 62738 (Southern Reporter, Second Series)

Mendoza v. State

Opinion of the Court

ON CONFESSION OF ERROR

PER CURIAM.

In the absence of a specific jury finding regarding the use of a weapon it was improper to reclassify the offense from a third-degree felony to a second-degree felony pursuant to section 775.087(1)(c), Florida Statutes (1985). See State v. Overfelt, 457 So.2d 1385 (Fla. 1984); Lamarca v. State, 515 So.2d 309 (Fla. 3d DCA 1987).

Remanded for correction of the sentence.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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