Other citing cases
- Hutchison v. State, 209 So. 3d 680 (Fla. 1st DCA 2017).published
- William Hutchison v. State of Florida, No. 16-3354 (Fla. 1st DCA Feb. 9, 2017).published
- State v. Richards, 639 So. 2d 680 (Fla. 2d DCA 1994).published
v.
STATE of Florida
Appellant appeals his sentence for manslaughter. It is true, as appellant contends, that manslaughter is a second degree felony under section 782.07, Florida Statutes. However, pursuant to section 775.087(l)(b), Florida Statutes, for purposes of sentencing, this felony was reclassified to a first degree felony because of the use of a weapon. Thus, the trial court did not commit error in reclassifying the felony and appellant was not subjected to an illegal sentence. Webster v. State, 500 So.2d 285 (Fla. 1st DCA 1986); and Buckbee v. State, 463 So.2d 1240 (Fla. 4th DCA 1985).
AFFIRMED.
ERVIN, SMITH and ALLEN, JJ., concur.