Opinion
No. 91-315.
August 7, 1991. Rehearing Denied September 9, 1991.
Appeal from the Circuit Court for Duval County, Peter L. Dearing, J.
Reffard Stafford, pro se.
No appearance for appellee.
Appellant appeals his sentence for manslaughter. It is true, as appellant contends, that manslaughter is a second degree felony under section 782.07, Florida Statutes. However, pursuant to section 775.087(1)(b), Florida Statutes, for purposes of sentencing, this felony was reclassified to a first degree felony because of the use of a weapon. Thus, the trial court did not commit error in reclassifying the felony and appellant was not subjected to an illegal sentence. Webster v. State, 500 So.2d 285 (Fla. 1st DCA 1986); and Buckbee v. State, 463 So.2d 1240 (Fla. 4th DCA 1985).
AFFIRMED.
ERVIN, SMITH and ALLEN, JJ., concur.