¶1Affirmed. See Minor v. State, 707 So.2d 1184, 1184 (Fla. 3d DCA 1998) (finding that the defendant’s conviction for the lesser included offense of manslaughter with a firearm was subject to reclassification as a first-degree felony under section 775.087(1) of the Florida Statutes where a firearm was used “[bjecause the use of a weapon or firearm is not an element of the offense of manslaughter”); see also Roberts v. State, 923 So.2d 578, 581 (Fla. 5th DCA 2006) (“[I]t is clear that there is no double jeopardy prohibition against applying a habitual offender enhancement to a felony already reclassified under section 775.087(1).”).
229 So. 3d 414
McKinney v. State
District Court of Appeal of Florida
Decided September 20, 2017
District Court of Appeal of Florida · decided 2017-09-20
Cited by 2 later decisions — most recently February 2019
1 state decisions
Applies FL 775 § 775.087
Relies on 923 So. 2d 578 - Roberts v. State · Minor v. State
Good law ✅— No negative treatment on recordhow we know
Decided 2017-09-20
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