Stafford v. State

Florida District Courts of Appeal
Stafford v. State, 584 So. 2d 138 (1991)
1991 Fla. App. LEXIS 8280; 1991 WL 152000
Allen, Ervin, Smith

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.

Reference

Full Case Name
Reffard STAFFORD v. STATE of Florida
Cited By
4 cases
Status
Published