Public-domain · open source
OpenJurist

624 So. 2d 828

Docket No. 92-3647.

Harrelson v. State

James Victor HARRELSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 30, 1993.

District Court of Appeal of Florida · decided 1993-09-30

Cited by 9 later decisions — most recently September 1999

9 state decisions

Relies on 573 So. 2d 813 - Lareau v. State · Brown v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-09-30

View the full empirical analysis of this case →

¶1*829 Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

¶2Robert A. Butterworth, Atty. Gen., and Richard Parker, Asst. Atty. Gen., Tallahassee, for appellee.

¶3PER CURIAM.

¶4The state correctly concedes error in appellant's sentence of 15 years on each of two counts of aggravated assault with a firearm. It was error to reclassify these two third degree felonies as second degree felonies pursuant to section 775.087(1), Florida Statutes (1991), as the use of a firearm was an essential element of the two offenses. See Lareau v. State,573 So.2d 813 (Fla. 1991); Brown v. State,583 So.2d 742 (Fla. 1st DCA 1991). Accordingly, we vacate these sentences and remand for resentencing in accordance with the applicable statutes.

¶5ZEHMER, C.J., and BOOTH and WOLF, JJ., concur.

/624/so2d/828 · .json · Public domain