¶1Affirmed. SeeConnolly 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) ).
273 So. 3d 93
Smith v. State
District Court of Appeal of Florida
Decided January 23, 2019
District Court of Appeal of Florida · decided 2019-01-23
Relies on Connolly, Jr. v. State
Decided 2019-01-23