Legal Opinion

State v. Richards

District Court of Appeal of Florida

Decided July 6, 1994No. 93-03547PublishedCited by 13 opinions

1Opinion of the Court

THREADGILL, Judge.

The appellee was charged with second-degree murder and entered a negotiated plea to the reduced charge of manslaughter, which was enhanced from a second-degree felony to a first-degree felony pursuant to section 775.087(l)(b), Florida Statutes (1989).1 He subsequently filed a motion to correct illegal sentence, arguing that because the information charged he killed the victim by stabbing her, the use of a weapon was an essential element of the crime so as to preclude enhancement under section 776.087(1). The trial court treated the motion as a motion to reclassify the…

2Cases cited8 opinions

  1. Lareau v. StateSupreme Court of Florida · 1991
  2. Gonzalez v. StateSupreme Court of Florida · 1991
  3. Webster v. StateDistrict Court of Appeal of Florida · 1986
  4. Webb v. StateDistrict Court of Appeal of Florida · 1982
  5. Helmick v. StateDistrict Court of Appeal of Florida · 1990

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. United States v. Juan Garcia-PerezCourt of Appeals for the Fifth Circuit · 2015
  2. Jefferies v. StateDistrict Court of Appeal of Florida · 2003
  3. DALE GIVENS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  4. DUSHUN DEVON ROBINSON v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  5. Dale Driggers v. StateDistrict Court of Appeal of Florida · 2017

8 more not listed; retrieve them via the Exa API.

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