Jaramillo v. State

LAZZARA, Judge.

Efrain Jaramillo argues in this appeal that the trial court erred in enhancing his conviction for second degree murder with a firearm from a felony of the second degree to a felony of the first degree based on the provisions of section 775.087(1), Florida Statutes (1991). We agree with his contention, vacate the sentences imposed as to all convictions, and remand for resentencing with a corrected sentencing guidelines seoresheet.

The appellant was charged by information with one count of attempted first degree murder with a firearm, one count of aggravated assault with a…