Florida District Courts of Appeal, 2019

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided January 23, 2019 · Hendon, Lindsey, Luck
273 So. 3d 93 (Southern Reporter, Third Series)

Smith v. State

Opinion of the Court

PER CURIAM.

Affirmed. See Connolly v. State, 172 So.3d 893, 904 (Fla. 3d DCA 2015) (en banc) ("Use or possession of a firearm, however, is not an essential element of second degree murder, but rather, it may serve to allow for a reclassification of the second degree murder from a first degree felony to a life felony or as an enhancement of the sentence imposed." (footnote omitted) ).

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