Hall v. State

McCORD, GUYTE P., Jr. (Ret.), Associate Judge.

Hall appeals his conviction for carrying a concealed firearm. He contends the trial court erred in reclassifying his crime from a third degree felony to a second degree felony in his sentencing guidelines score-sheet. We agree and reverse.

Carrying a concealed firearm is a third degree felony. Section 790.01(2), Florida Statutes (1983). The prosecutor below, erroneously believing that a notice of habitual offender status under Section 775.084, Florida Statutes (1983), allowed the third degree felony to be reclassified upward to a second degree…