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SMITH v. STATE

No. 3D18-1327.

273 So.3d 93 (2019)

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

District Court of Appeal of Florida, Third District.

Rehearing Denied February 18, 2019.

Attorney(s) appearing for the Case

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.

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...

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