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667 So. 2d 437

Light v. State

District Court of Appeal of Florida

Decided January 24, 1996

District Court of Appeal of Florida · decided 1996-01-24

Relies on 650 So. 2d 1111 - Rodriguez v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-01-24

How this case has been cited

Cited by 7 later decisions — most recently September 2016

7 state decisions

40199620002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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QUINCE, Judge.

¶1The appellant, James L. Light, raises two points on appeal. We find merit only in his contention that the court erred in enhancing his sentence for aggravated assault. Therefore, we reverse solely for resentencing on this offense.

¶2The appellant was convicted on various charges, including aggravated assault on a law enforcement officer with a firearm in violation of section 784.07(2)(c), Florida Statutes (1993). Under this statute, aggravated assault, a third-degree felony, is enhanced to a second-degree felony. The trial court additionally enhanced the conviction to a first-degree felony because the offense was committed with a firearm.

¶3An offense cannot be enhanced for committing the offense with a firearm if a firearm is an essential element of the charge. Rodriguez v. State, 650 So.2d 1111 (Fla. 2d DCA 1995). Since using a firearm was an essential element of the offense, the trial court erred in enhancing the offense to a first-degree felony. We reverse and remand for resentencing.

SCHOONOVER, A.C.J., and PATTERSON, J., concur.
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