Metz v. State

DAKAN, STEPHEN L., Associate Senior Judge.

Dennis Metz challenges his judgment and sentence for aggravated battery. Because the trial court erred by reclassifying the offense from a second-degree felony to a first-degree felony, pursuant to section 775.087(l)(b), Florida Statutes (2006), we reverse and remand for the trial court to resentence Metz for a second-degree felony.

“Section 775.087(1) requires that a second-degree felony be reclassified to a first-degree felony when a weapon or firearm is used to commit the felony, except a felony in which the use of a weapon or firearm is an…