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1991-08 |
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PER CURIAM. 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.
Document Info
Docket Number: No. 91-315
Citation Numbers: 584 So. 2d 138
Judges: Allen, Ervin, Smith
Filed Date: 8/7/1991
Precedential Status: Precedential
Modified Date: 7/29/2022