Opinion
No. 92-418.
June 22, 1993.
Appeal from the Circuit Court for Alachua County, Stan R. Morris, J.
Nancy A. Daniels, Public Defender, Lynn A. Williams, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for appellee.
Appellant appeals his conviction, after jury trial, of aggravated battery with a firearm. We affirm his conviction but reverse his sentence and remand for resentencing.
As the state concedes, appellant's aggravated battery conviction was improperly reclassified from a second-degree felony to a first-degree felony, pursuant to section 775.087(1), Florida Statutes (1989) because, in this case, the use of a weapon was an essential element of appellant's crime. See Lareau v. State, 573 So.2d 813 (Fla. 1991) and Brown v. State, 583 So.2d 742 (Fla. 1st DCA 1991). Therefore, appellant's sentence is reversed and this cause is remanded for resentencing without reclassification pursuant to section 775.087, Florida Statutes.
ERVIN and WOLF, JJ., concur.