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Lowe v. State

District Court of Appeal of Florida, Second District
Jul 23, 2004
884 So. 2d 189 (Fla. Dist. Ct. App. 2004)

Opinion

No. 2D04-1780.

July 23, 2004.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Polk County; Dick Prince, Judge.


Affirmed. See Collins v. State, 800 So.2d 660 (Fla. 2d DCA 2001); Harris v. State, 766 So.2d 403 (Fla. 2d DCA 2000).

WHATLEY and CANADY, JJ., Concur.

CASANUEVA, J., Concurs with opinion.


I fully concur in the per curiam opinion. I write only to correct a typographical error that appears in the opinion I authored in Harvey v. State, 865 So.2d 518 (Fla. 2d DCA 2003), review dismissed, 871 So.2d 873 (Fla. 2004). Mr. Lowe asserts that a portion of the Harvey opinion quoting from this court's prior opinion in Collins v. State, 800 So.2d 660 (Fla. 2d DCA 2001), entitles him to relief. However, the Harvey opinion unfortunately omits the word "not" from the Collins quotation. The Harvey opinion, 865 So.2d at 518-19, as corrected should read:

[S]ection 775.087(1)(a), Florida Statutes (1993), requires that the trial court reclassify a first-degree felony to a life felony where the use of a weapon or firearm is not an essential element of the offense and a weapon or firearm was used during the offense. Collins v. State, 800 So.2d 660, 661 (Fla. 2d DCA 2001).


Summaries of

Lowe v. State

District Court of Appeal of Florida, Second District
Jul 23, 2004
884 So. 2d 189 (Fla. Dist. Ct. App. 2004)
Case details for

Lowe v. State

Case Details

Full title:Derrick L. LOWE, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jul 23, 2004

Citations

884 So. 2d 189 (Fla. Dist. Ct. App. 2004)

Citing Cases

Winslett v. State

Affirmed. See Lowe v. State, 884 So. 2d 189 (Fla. 2d DCA 2004); Collins v. State, 800 So. 2d 660 (Fla. 2d DCA…