Brown v. State

Brown appeals his resentencing and partial denial of his Rule 3.850 postconviction motion. ' He argues that the lower court erred by resentencing him for the crime of armed burglary of a dwelling. Although the lower court agreed that the antique rifle he stole from a residence did not qualify as a firearm, Brown argues that the court erred in finding that it qualified as a deadly weapon. We agree and reverse.

Brown was charged by amended information with 19 counts, the most serious and only count pertinent to this appeal being burglary of a dwelling while armed with a firearm, a first degree…