State v. Richards
District Court of Appeal of Florida
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
- Lareau v. StateSupreme Court of Florida · 1991
- Gonzalez v. StateSupreme Court of Florida · 1991
- Webster v. StateDistrict Court of Appeal of Florida · 1986
- Webb v. StateDistrict Court of Appeal of Florida · 1982
- Helmick v. StateDistrict Court of Appeal of Florida · 1990
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3Cited by13 opinions
- United States v. Juan Garcia-PerezCourt of Appeals for the Fifth Circuit · 2015
- Jefferies v. StateDistrict Court of Appeal of Florida · 2003
- DALE GIVENS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
- DUSHUN DEVON ROBINSON v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
- Dale Driggers v. StateDistrict Court of Appeal of Florida · 2017
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