Garner v. State

We affirm appellant’s judgment, but reverse his sentence and remand for resen-tencing in accordance herewith. While we conclude appellant’s attacks on his judgment are meritless and do not warrant discussion, the trial court did err in reclassifying third-degree murder from a second-degree felony to a first-degree felony based on use of a firearm where use of a firearm was an essential element of the offense, and in departing from the sentencing guidelines.

Appellant, a juvenile at the time of his offense, was charged with second-degree murder with a firearm. The jury found him guilty of the…