Harrelson v. State, 624 So. 2d 828

PER CURIAM.

The 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.

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

Case Details

Case Name: Harrelson v. State

Court Name: District Court of Appeal of Florida

Date Published: Sep 30, 1993

Citations: 624 So. 2d 828; 1993 WL 383472; 92-3647

Docket Number: 92-3647

Court Abbreviation: Fla. Dist. Ct. App.