Florida District Courts of Appeal, 1994

State v. Gray

Florida District Courts of Appeal · Decided March 11, 1994 · No. 93-01489 · Frank, Fulmer, Schoonover

633 So. 2d 105; 1994 Fla. App. LEXIS 1973; 1994 WL 72077 (Southern Reporter, Second Series)

Cases that cite this one

8 later published cases cite this decision.

MACKENSON CHERISME v. THE STATE OF FLORIDA (Fla. Dist. Ct. App. 2021)
RAMON M. ORTIZ v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
DALE GIVENS v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
WILLIE M. LIGHTFOOT, JR. v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)
JASON CHARLES v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)
CRAIG SHAWN CUMMINGS v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)
DUSHUN DEVON ROBINSON v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)
Robinson v. State (Fla. Dist. Ct. App. 2018)

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

FULMER, Judge.

The State of Florida appeals the trial court’s refusal to reclassify the conviction of Carol Hobbs Gray to a first degree felony pursuant to section 775.087(l)(b), Florida Statutes (1991). We reverse, vacate the sentence and remand with instructions to reclassify the conviction to a first degree felony and sentence accordingly.

Gray was charged with attempted murder in the first degree and shooting into a building.1 She was convicted by a jury of the *106lesser included offense of attempted murder in the second degree and shooting into a building as charged. At the sentencing hearing, the prosecutor asserted that Gray’s conviction for attempted murder in the second degree with a firearm must be reclassified pursuant to the mandatory provisions of section 775.087(1), Florida Statutes (1991), to a first degree felony. Gray responded that reclassification of crimes can only occur at the time the defendant is charged by the charging document. The trial court agreed and refused to reclassify Gray’s conviction to a first degree felony.

In Miller v. State, 460 So.2d 373, 374 (Fla. 1984), the Florida Supreme Court expressly rejected the argument that section 775.-087(1), Florida Statutes (1991), applies only to the offense charged in the information. The court held that the reclassification provisions may apply where the defendant is convicted of a lesser included offense rather than the offense expressly charged. Miller, 460 So.2d at 374.

Accordingly, the judgment is reversed, the sentence is vacated and the case is remanded with instructions to reclassify the conviction to a first degree felony and impose sentence accordingly.

FRANK, C.J., and SCHOONOVER, J., concur.

. §§ 782.04, and 790.19, Fla.Stat. (1991).

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