Legal Opinion

Postaski v. State

District Court of Appeal of Florida

Decided November 4, 2016No. 2D15-3384Published

1Opinion of the Court

MORRIS, Judge.

Michelle Lee Postaski appeals her convictions after a jury trial for one count of armed burglary and two counts of aggravated battery with a deadly weapon with great bodily harm. We affirm her convictions but reverse her written judgment and sentences and remand for further proceedings.

On appeal, Postaski argues that her convictions for armed burglary and aggravated battery were improperly reclassified under section 775.087(1), Florida Statutes (2013), based on her codefen-dant’s possession and use of a firearm during the offenses.

Postaski was charged with one count of armed…

2Cases cited6 opinions

  1. State v. RodriguezSupreme Court of Florida · 1992
  2. Williams v. StateDistrict Court of Appeal of Florida · 2015
  3. Porter v. StateDistrict Court of Appeal of Florida · 1999
  4. Chase v. StateDistrict Court of Appeal of Florida · 2011
  5. Harris v. StateDistrict Court of Appeal of Florida · 2000

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