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ROBINS v. STATE

Supreme Court of Florida.
Jul 2, 1992
Important Paras
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OVERTON, Justice.

We have for review Robins v. State, 587 So.2d 581 (Fla. 1st DCA 1991), in which the district court affirmed the reclassification of Robins' kidnapping conviction to a life felony based on his codefendant's wielding of a gun during the commission of the crime. We recently held in State v. Rodriguez, 602 So.2d 1270 (Fla. 1992), that actual physical possession of a weapon during the commission of a crime is required for the offense to be reclassified under section 775.087(1), Florida Statutes (1983). Accordingly, we quash the decision of the district court and remand for further proceedings consistent with Rodriguez.

We have jurisdiction. Art. V, ยง 3(b)(3), Fla. Const.

It is so ordered.

BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.