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429 So. 2d 781

Fogle v. State

District Court of Appeal of Florida · decided 1983-04-12

Relies on 396 So. 2d 713 - Jacobs v. State · 416 So. 2d 1203 - Streeter v. State · 359 So. 2d 864 - Henry v. State

Decided 1983-04-12

PER CURIAM.

¶1We reject Fogle’s contention that the evidence was legally insufficient to support his conviction of manslaughter. See Rhoden v. State, 149 Fla. 531, 6 So.2d 378 (1942). We agree, however, that the trial court erred in classifying the conviction as a felony of the first degree in the absence of a jury finding that a firearm was used in the commission of the crime. We therefore modify the judgment entered on count one of the indictment to reflect the crime’s actual status as a felony of the second degree. See Streeter v. State, 416 So.2d 1203 (Fla.3d DCA 1982).

¶2We have considered the other issues presented by the appellant and find them to be without merit. See Jacobs v. State, 396 So.2d 713 (Fla.1981); Henry v. State, 359 So.2d 864 (Fla.1978); Banks v. State, 342 So.2d 469 (Fla.1976).

¶3Affirmed as modified.

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