Fredenburgh v. State
Cases that cite this one
1 later published case cites this decision.
- DALE GIVENS v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appellant, Raymond Fredenburgh, Jr., challenges his judgment and sentence for manslaughter with a firearm. We affirm both the conviction and the sentence, but address only his claim that the trial court erred by enhancing his manslaughter conviction.
Appellant was charged with second-degree murder with a firearm. He was convicted of manslaughter with a firearm, a second-degree felony. The trial court enhanced the conviction to a first-degree felony pursuant to section 775.087(1), Florida Statutes (1991), because appellant used a firearm to commit the offense. Appellant contends the trial court improperly enhanced the conviction because use of a firearm is an essential element of manslaughter. We disagree.
This court in Rodriguez v. State, 650 So.2d 1111 (Fla. 2d DCA 1995), indicated a crime cannot be enhanced for commission with a firearm if use of a firearm is an essential element of the crime. However, use of a firearm is not an element of manslaughter. Manslaughter is, “the killing of a human being by the act, procurement or culpable negligence of another without lawful justification_” § 782.07, Fla. Stat. (1991); see also State v. Richards, 689 So.2d 680 (Fla. 2d DCA 1994).
Since use of a firearm is not an essential element of manslaughter, the trial court properly enhanced appellant’s conviction. We, therefore, affirm appellant’s judgment and sentence.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.