SMITH v. STATE (2019)

District Court of Appeal of Florida, Third District.

Ben E. SMITH, Appellant, v. The STATE of Florida, Appellee.

No. 3D18-1327

Decided: January 23, 2019

Before LINDSEY and HENDON, JJ., and LUCK, Associate Judge.

Ben E. Smith, in proper person. Ashley Brooke Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

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) ).

PER CURIAM.

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