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

District Court of Appeal of Florida, Third District2019-01-23No. No. 3D18-1327
273 So. 3d 93

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Opinion

majority opinion

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) ).