Stafford v. State, 91-315
| Decision Date | 07 August 1991 |
| Docket Number | No. 91-315,91-315 |
| Citation | 584 So.2d 138 |
| Parties | Reffard STAFFORD, Appellant, v. STATE of Florida, Appellee. 584 So.2d 138, 16 Fla. L. Week. D2077, 16 Fla. L. Week. D2409 |
| Court | Florida District Court of Appeals |
Reffard Stafford, pro se.
No appearance for appellee.
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(1)(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.
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... ... 1996); State v. Richards, 639 So.2d 680 (Fla. 2d DCA ... 1994); Minor v. State, 707 So.2d 1184 (Fla. 3d DCA ... 1998); Stafford v. State, 584 So.2d 138 (Fla. 1st ... DCA 1991) ... NORTHCUTT, CASANUEVA, and STARGEL, JJ, Concur ... ...
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Bates v. State
...1996) ; State v. Richards , 639 So. 2d 680 (Fla. 2d DCA 1994) ; Minor v. State , 707 So. 2d 1184 (Fla. 3d DCA 1998) ; Stafford v. State , 584 So. 2d 138 (Fla. 1st DCA 1991). NORTHCUTT, CASANUEVA, and STARGEL, JJ., ...
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State v. Richards, 93-03547
...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......
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Hutchison v. State, CASE NO. 1D16–3354
...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) ).AFF......