Duran v. State

FLETCHER, Judge.

In this appeal from an order denying appellant’s motion for post-conviction relief, the defendant contends among other things that the trial court erred by reclassifying to a first-degree felony his conviction for robbery with a hood or mask, a second-degree felony. The record reflects that in doing so the trial court relied on section 775.0845, Florida Statutes (1993), which imposes an enhanced penalty for wearing a mask while committing a felony. However, as the supreme court concluded in Cabal v. State, 678 So.2d 315, 317 (Fla.1996):

“We find that the plain language of…