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Torris v. State

Torris v. State, 611 So. 2d 57 (Fla. Dist. Ct. App. 1992)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
December 29, 1992
Docket
No. 92-1402
Judges
Hubbart, Nesbitt and Baskin
Citations
611 So. 2d 571992 WL 385477

Opinion

611 So.2d 57 (1992)

Israel TORRIS, Appellant,

v.

The STATE of Florida, Appellee.

No. 92-1402.

District Court of Appeal of Florida, Third District.

December 29, 1992.

Bennett H. Brummer, Public Defender, and Julie M. Levitt, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Scott Stoloff, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT and BASKIN, JJ.

PER CURIAM.

Israel Torris appeals his conviction and sentence for aggravated battery with a firearm. Torris was found guilty of aggravated battery with a firearm, a second-degree felony. His conviction was enhanced to a first-degree felony pursuant to *58 section 775.087(1), Florida Statutes (1991), because Torris used a firearm during the commission of the felony. His sentencing guidelines scoresheet was calculated on the basis of a first-degree felony conviction.

The trial court erred in enhancing Torris's conviction to a first-degree felony based on the use of a firearm because the firearm was an essential element of the offense. Lareau v. State, 573 So.2d 813, 815 (Fla. 1991) (aggravated battery with the use of a deadly weapon not subject to reclassification pursuant to section 775.087(1) because the use of a weapon is an essential element of the crime); State v. Brown, 476 So.2d 660, 662 (Fla. 1985); § 775.087(1)(a), Fla. Stat. (1991); see Watson v. State, 591 So.2d 951 (Fla. 2d DCA 1991). Thus, the conviction, as enhanced to a first-degree felony, may not stand. Accordingly, Torris's sentence is vacated and the cause is remanded for further proceedings.

Conviction reversed; sentence vacated, and cause remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1993: 12000: 12010: 119932026peak 1993 · 1

Relies on it most ⓘ

  1. Hernandez v. State30 So. 3d 610 (Fla. Dist. Ct. App. 2010)
  2. Byrd v. State754 So. 2d 191 (Fla. Dist. Ct. App. 2000)
  3. Garmon v. State627 So. 2d 628 (Fla. Dist. Ct. App. 1993)

Most recent

  1. Hernandez v. State30 So. 3d 610 (Fla. Dist. Ct. App. 2010)
  2. Byrd v. State754 So. 2d 191 (Fla. Dist. Ct. App. 2000)
  3. Garmon v. State627 So. 2d 628 (Fla. Dist. Ct. App. 1993)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Lareau v. State, 573 So. 2d 813 (Fla. 1991) 67
Watson v. State, 591 So. 2d 951 (Fla. Dist. Ct. App. 1991) 11
State v. Brown, 476 So. 2d 660 (Fla. 1985) 9

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