Summary
quashing affirmance of reclassification under section 775.087 based on co-defendant's wielding of gun during commission of kidnapping offense
Summary of this case from Connolly v. StateOpinion
No. 78876.
July 2, 1992.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, First District — Case No. 90-3115 (Duval County).
Nancy A. Daniels, Public Defender and Abel Gomez, Asst. Public Defender, Tallahassee, for petitioner.
Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief, Crim. Appeals, and Sara D. Baggett, Asst. Attys. Gen., Tallahassee, for respondent.
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, § 3(b)(3), Fla. Const.
It is so ordered.
BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.