Brown v. State
Brown v. State
Opinion of the Court
Frances Brown was sentenced to concurrent sentences as a habitual felony offender and as a prison releasee reoffender following her conviction for aggravated battery. Because her conviction was erroneously enhanced, we reverse and remand for resentencing.
Ms. Brown contends that the trial court erred in utilizing the deadly weapon enhancement in section 775.087(l)(b), Florida Statutes (1997), because the use of a weapon was an essential element of the offense. The trial court utilized the deadly weapon enhancement to increase the crime from a second to a first-degree felony. Section 775.087(l)(b) precludes reclassification if the crime charged requires the use of a weapon as one of its elements. See Dozier v. State, 677 So.2d 1352 (Fla. 2d DCA 1996).
The information charged that Ms. Brown caused great bodily harm, perma
Accordingly, we reverse and remand for resentencing.
Reference
- Full Case Name
- Frances BROWN v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published