Smith v. State

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

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

Date published: Jan 23, 2019

273 So. 3d 93 (Fla. Dist. Ct. App. 2019)

Opinion

No. 3D18-1327

01-23-2019

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

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

PER CURIAM.

Ben E. Smith, in proper person.

Ashley Brooke Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

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

PER CURIAM.

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) ).