Robins v. State, 602 So. 2d 1272

OVERTON, Justice.

We have for review Robins v. State, 587 So.2d 581 (Fla. 1st DCA 1991), in which the district court affirmed the reclassification of Robins’ kidnapping conviction to a life felony based on his codefendant‘s wielding of a gun during the commission of the crime.¹ We recently held in State v. Rodriguez, 602 So.2d 1270 (Fla. 1992), that actual physical possession of a weapon during the commission of a crime is required for the offense to be reclassified under section 775.087(1), Florida Statutes (1983). Accordingly, we quash the decision of the district court and remand for further proceedings consistent with Rodriguez.

It is so ordered.

BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.

Notes

1

We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Case Details

Case Name: Robins v. State

Court Name: Supreme Court of Florida

Date Published: Jul 2, 1992

Citations: 602 So. 2d 1272; 1992 WL 148226; 78876

Docket Number: 78876

Court Abbreviation: Fla.