Florida District Courts of Appeal, 1991

Stafford v. State

Stafford v. State
Florida District Courts of Appeal · Decided August 7, 1991 · Allen, Ervin, Smith
584 So. 2d 138; 1991 Fla. App. LEXIS 8280; 1991 WL 152000 (Southern Reporter, Second Series)

Stafford v. State

Opinion of the Court

PER CURIAM.

Appellant appeals his sentence for manslaughter. It is true, as appellant contends, that manslaughter is a second degree felony under section 782.07, Florida Statutes. However, pursuant to section 775.087(l)(b), Florida Statutes, for purposes of sentencing, this felony was reclassified to a first degree felony because of the use of a weapon. Thus, the trial court did not commit error in reclassifying the felony and appellant was not subjected to an illegal sentence. Webster v. State, 500 So.2d 285 (Fla. 1st DCA 1986); and Buckbee v. State, 463 So.2d 1240 (Fla. 4th DCA 1985).

AFFIRMED.

ERVIN, SMITH and ALLEN, JJ., concur.

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