Florida District Courts of Appeal, 2019

Sheppard v. State

Sheppard v. State
Florida District Courts of Appeal · Decided May 22, 2019 · Hendon, Miller, Scales
274 So. 3d 1152 (Southern Reporter, Third Series)

Sheppard v. State

Opinion of the Court

PER CURIAM.

Affirmed. See State v. Whitehead, 472 So.2d 730, 731-32 (Fla. 1985) ("[P]ursuant to section 775.087(1), a first-degree felony shall be reclassified to a life felony if a weapon or firearm is used ..."); State v. Smith, 470 So.2d 764, 764 (Fla. 5th DCA 1985) ("Second degree murder is a felony of the first degree, and when committed with a firearm, is reclassified as a life felony." (internal citation omitted) (citing § 775.087(1)(a), Fla. Stat. (1983) ; Strickland v. State, 437 So.2d 150 (Fla. 1983) )).

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