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ISRAEL TORRIS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE.

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 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.

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TORRIS v. STATE
(Dec 29, 1992)