Allen v. State

Hilton Allen appeals the sentence imposed after his conviction for sexual battery, contending that the trial court erred in reclassifying his offense from a second degree felony to a first degree felony pursuant to section 794.023, Florida Statutes (2004), since he was not charged as a perpetrator pursuant to that statute. We agree that his reclassification was improper. Allen v. State, 982 So.2d 1280 (Fla. 1st DCA 2008).

Subsequent to sentencing and after the notice of appeal was filed, upon motion by the state the trial court determined that, because appellant’s offense had been reclassified…