REFFARD STAFFORD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
REFFARD STAFFORD, APPELLANT,
STATE OF FLORIDA, APPELLEE
584 So. 2d 138
Florida District Court of Appeal, First District (1991)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant appeals his sentence for manslaughter. It is true, as appellant contends, that manslaughter is a second degree felony under section 782.07, Florida Statutes. However, pursuant to section 775.087(l)(b), Florida Statutes, for purposes of sentencing, this felony was reclassified to a first degree felony because of the use of a weapon. Thus, the trial court did not commit error in reclassifying the felony and appellant was not subjected to an illegal sentence. Webster v. State, 500 So. 2d 285 (Fla. 1st DCA 1986); and Buckbee v. State, 463 So. 2d 1240 (Fla. 4th DCA 1985).
AFFIRMED.
ERVIN, SMITH and ALLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Richards, 639 So. 2d 680 (Fla. 2d DCA 1994)…ed for that use. Helmick v. State, 569 So. 2d 869 (Fla. 2d DCA 1990). Thus, the use of a weapon is not an essential element of manslaughter and the enhancement provision of section 775.087(1)(b), is applicable to that offense. See Stafford v. State, 584 So. 2d 138 (Fla. 1st DCA 1991); Webster v. State, 500 So. 2d 285 (Fla. 1st DCA 1986). The appellee argues that this case is controlled by Gonzalez v. State, 585 So. 2d 932 (Fla.1991). Gonzalez and other cases which have refused to apply the enhancement provis…
-
Anderson v. Anderson, 617 So. 2d 1109 (Fla. 1st DCA 1993)…where the order is so vague as to be incapable of allowing this court to conduct appropriate appellate review. Strickler v. Strickler, 548 So. 2d 740 (Fla. 1st DCA 1989); Clance v. Clance, 576 So. 2d 746 (Fla. 1st DCA 1991); Middleton v. Middleton, 584 So. 2d 138 (Fla. 1st DCA 1991); Cloud v. Cloud, 586 So. 2d 492 (Fla. 1st DCA 1991). 4. After having the rehabilitative award reversed, to further consider the award in light of this court’s opinion. Prom v. Prom, 589 So. 2d 1363 (Fla. 1st DCA 1991). While Pro…
-
Hutchison v. State, 209 So. 3d 680 (Fla. 1st DCA 2017)…udgment to reflect that his conviction for manslaughter with a weapon was reclassified to a first-degree felony due to his use of a knife, pursuant to section 775.087(1), Florida Statutes (2014), as charged in the information. See Stafford v. State, 584 So. 2d 138 (Fla. 1st DCA 1991); Jones v. State, 164 So. 3d 1249 (Fla. 1st DCA 2015) (citing Washington v. State, 37 So. 3d 376 (Fla. 1st DCA 2010)). AFFIRMED and REMANDED. WOLF, LEWIS, and WETHERELL, JJ., CONCUR. . Anders v. California, 386 U.S. 738, 87…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nw., Inc. v. Gulf Asphalt Corp. & Bay Cnty. Comm'rs, 500 So. 2d 285 (Fla. 1st DCA 1986)
- Harriet v. Buckbee, 463 So. 2d 1240 (Fla. 4th DCA 1985)