Supreme Court of Florida

Cabal v. State

June 13, 1996678 So. 2d 315

Summary

The Supreme Court of Florida held that Florida Statute §775.0845, as enacted in 1993, is a penalty‑enhancement provision, not a substantive reclassification statute. Accordingly, the trial judge could not reclassify Cabal's robbery conviction to a higher‑degree felony for sentencing purposes. The Court quashed the district court’s decision and remanded for sentencing consistent with the enhanced‑penalty interpretation.