Smith v. State (273 So. 3d 93, 2019)

District Court of Appeal of Florida, Third District 2019-01-23

Citations

Full opinion text

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) ).