State v. Gray
State v. Gray
Opinion of the Court
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.
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.
. §§ 782.04, and 790.19, Fla.Stat. (1991).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.