Legg v. State

WHATLEY, Acting Chief Judge.

Thomas M. Legg appeals his sentence for aggravated battery with a firearm. He contends that the trial court erred in sentencing him by reclassifying his conviction from a second-degree to a first-degree felony pursuant to section 775.087(1), Florida Statutes (1995). We agree and reverse.1

Section 775.087(1) allows a trial court to reclassify a felony to the next higher degree where a firearm was used during the commission of that felony except where the use of a firearm is an essential element of the offense. In the present case, both the information and the jury…