Torris v. State (611 So. 2d 57, 1992)

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 Tor-ris’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(l)(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.