Mendoza v. State

Full title: ARMANDO MENDOZA, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jun 13, 1989

543 So. 2d 1326 (Fla. Dist. Ct. App. 1989)

Opinion

87-1683.

June 13, 1989.

An Appeal from the Circuit Court for Monroe County; Richard J. Fowler, Judge.

Armando Mendoza, in pro. per.

Robert A. Butterworth, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., for appellee.

Before FERGUSON, COPE and LEVY, JJ.

ON CONFESSION OF ERROR

PER CURIAM.

In the absence of a specific jury finding regarding the use of a weapon it was improper to reclassify the offense from a third-degree felony to a second-degree felony pursuant to section 775.087(1)(c), Florida Statutes (1985). See State v. Overfelt, 457 So.2d 1385 (Fla. 1984); Lamarca v. State, 515 So.2d 309 (Fla. 3d DCA 1987).

Remanded for correction of the sentence.