PAUL RANDOLPH HAYDEN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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A defendant charged with murder by firearm is also charged with lesser included felonies for purposes of Florida's firearm reclassification statute, which enhances felony charges by one degree when a firearm is used.
A defendant charged with murder by firearm is charged with lesser included felonies for purposes of the reclassification statute that enhances felonies by one degree when a firearm is used.
[1] When a defendant is charged with murder by firearm, the lesser included felonies of that murder charge are also charged for purposes of Florida's firearm reclassification…
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Join FLexlaw to unlock all legal intelligenceHayden was charged with murder by use of a firearm. The case involves the application of Florida's firearm reclassification statute to murder charges …
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PER CURIAM.
We adopt the rationale of Miller v. State, 438 So. 2d 83 (Fla. 4th DCA 1983) and hold that for the purpose of the reclassification statute,1 which enhances a felony by one degree where a firearm is used, a defendant charged with murder by use of a firearm is also charged with lesser included felonies of the murder charge. We accordingly reject both Smith v. State, 445 So. 2d 1050 (Fla. 1st DCA 1984) and Carroll v. State, 412 So. 2d 972 (Fla. 1st DCA 1982) which hold that the reclassification statute has no application where a defendant is not convicted of the felony specified in the charging document but is instead convicted of committing with a firearm any lesser included offense.
Affirmed.
. Section 775.087(1), Florida Statutes (1983), provides:
Unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows:
(a) In the case of a felony of the first degree, to a life felony.
(b) In the case of a felony of the second degree, to a felony of the first degree.
(c) In the case of a felony of the third degree, to a felony of the second degree. [e.s.]
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Cooper v. State, 455 So. 2d 588 (Fla. 1st DCA 1984)…7). Such concepts are the predicate for instructions by the trial court on lesser included offenses. Brown v. State, 206 So. 2d 377 (Fla.1968). We are aware of the decisions in Miller v. State, 438 So. 2d 83 (Fla. 4th DCA 1983) and Hayden v. State, 450 So. 2d 1242 (Fla. 3d DCA 1984), the results of which are consistent with this opinion, but we are critical of the commingling of the terms “reclassification” and “enhancement”. It may be of some benefit for the court to distinguish between “enhancement” of pena…
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Daniel J. Clark, M.D. v. Dep't of Prof'l Reg., 463 So. 2d 328 (Fla. 5th DCA 1985)…ission to practice, injection of drugs in [*336] an attempt to commit suicide, and an inability to practice medicine by reason of the use of narcotics and mental illness. Maskaron v. Department of Professional Regulation, Board of Medical Examiners, 450 So. 2d 1242 (Fla. 2d DCA 1984). 3. Suspension for violation of Sections 458.331(l)(t) and 458.331(l)(q) relating to failure to practice medicine with that level of care, skill, and treatment recognized by a reasonably prudent similar physician and inappropriat…
Authorities Cited
- Smith v. State, 445 So. 2d 1050 (Fla. 1st DCA 1984)
- Carroll v. State, 412 So. 2d 972 (Fla. 1st DCA 1982)
- Miller v. State, 438 So. 2d 83 (Fla. 4th DCA 1983)