Brown v. State

BLUE, Acting Chief Judge.

Frances Brown was sentenced to concurrent sentences as a habitual felony offender and as a prison releasee reoffender following her conviction for aggravated battery. Because her conviction was erroneously enhanced, we reverse and remand for resentencing.

Ms. Brown contends that the trial court erred in utilizing the deadly weapon enhancement in section 775.087(l)(b), Florida Statutes (1997), because the use of a weapon was an essential element of the offense. The trial court utilized the deadly weapon enhancement to increase the crime from a second to a first-degree…