Benjamin v. State

A jury found appellant, Herb Benjamin, guilty of two counts of aggravated battery with a firearm after being instructed on both aggravated battery based upon great bodily harm and aggravated battery based upon the use of a deadly weapon. See § 784.045(l)(a), Fla. Stat. (2007). At sentencing, the trial court reclassified appellant’s conviction from a second degree felony to a first degree felony pursuant to section 775.087(l)(b), Florida Statutes (2007), and sentenced him to life as a habitual offender with a thirty-year mandatory minimum as a prison releasee reof-fender. We reverse for…