Legal Opinion

McCullough v. State

District Court of Appeal of Florida

Decided August 3, 1984No. 84-518Published

1Opinion of the Court

CAMPBELL, Judge.

Appellant, Larry Hodge McCullough, appeals his sentence for attempted manslaughter with a firearm and dealing in stolen property.

Appellant argues on appeal that the trial court erred in reclassifying attempted manslaughter from a third degree felony to a *493second degree felony for use of a firearm since section 775.087, Florida Statutes (1979) only applies to the charged offense and not to lesser included offenses. We disagree and affirm.

Appellant was charged by information with attempted first degree murder with a firearm, aggravated assault, resisting arrest with force and…

2Cases cited3 opinions

  1. Carroll v. StateDistrict Court of Appeal of Florida · 1982
  2. Miller v. StateDistrict Court of Appeal of Florida · 1983
  3. Trenary v. StateDistrict Court of Appeal of Florida · 1982

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API