McKinney v. State

Full title: Okeshi MCKINNEY, Appellant, v. The STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Third District.

Date published: Sep 20, 2017

229 So. 3d 414 (Fla. Dist. Ct. App. 2017)

Opinion

No. 3D17–1703

09-20-2017

Okeshi MCKINNEY, Appellant, v. The STATE of Florida, Appellee.

Okeshi McKinney, in proper person. Pamela Jo Bondi, Attorney General, for appellee.

PER CURIAM.

Okeshi McKinney, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before LAGOA, EMAS and SCALES, JJ.

PER CURIAM.

Affirmed. 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 "[b]ecause 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).").