Jacobs v. State

Johnny Jacobs appeals the reclassification of his felony conviction for aggravated battery with a firearm. Under section 784.045, Florida Statutes (2003), the offense is a second-degree felony punishable by a prison term not to exceed fifteen years. However, in this case the trial court reclassified the felony to one of the first-degree pursuant to section 775.087(1), Florida Statutes (2003), and sentenced Ja*1269cobs to thirty years. The reclassification of the felony was error and must be reversed. Jacobs was also convicted of shooting into an occupied vehicle and sentenced to fifteen years in…