Florida District Courts of Appeal, 1991

Stafford v. State

Florida District Courts of Appeal · Decided August 7, 1991 · No. 91-315 · Allen, Ervin, Smith

584 So. 2d 138; 1991 Fla. App. LEXIS 8280; 1991 WL 152000 (Southern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

DALE GIVENS v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
William Hutchison v. State of Florida (Fla. Dist. Ct. App. 2017)
Hutchison v. State (Fla. Dist. Ct. App. 2017)
State v. Richards (Fla. Dist. Ct. App. 1994)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.