BEN E. SMITH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE.
BEN E. SMITH, APPELLANT,
THE STATE OF FLORIDA, APPELLEE.
273 So. 3d 93
Florida District Court of Appeal, Third District (2019)
Positive Treatment
Cited by 1 case
Opinion of the Court
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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Citator
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Asgaard Fund, L.P. v. MM80 Oceanside Holdings, LLC (Fla. 3d DCA 2021)
Authorities Cited
- Connolly v. State, 172 So. 3d 893 (Fla. 3d DCA 2015)