JAMES HENRY SMITH, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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McDonald, justice.
We have for review State v. Smith, 470 So. 2d 764 (Fla. 5th DCA 1985), which the Fifth District Court of Appeal certified as being in direct conflict with Whitehead v. State, 450 So. 2d 545 (Fla. 3d DCA 1984). This Court has jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. We approve Smith on the authority of State v. Whitehead, 472 So. 2d 730 (Fla. 1985), wherein we approved in part and quashed in part the district court’s opinion and in which we held that both imposing a three-year mandatory minimum sentence and reclassifying the second-degree murder conviction from a first-degree felony to a life felony did not constitute impermissible double enhancement.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.
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Citator
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Williams v. State, 517 So. 2d 681 (Fla. 1988)…g a firearm in the course of a robbery). Reclassifica [*683] tion and mandatory minimum provisions operate independently of one another and are not alternative methods of enhancement. See State v. Smith, 470 So. 2d 764 (Fla. 5th DCA 1985), approved, 485 So. 2d 1284 (Fla.1986); Haywood v. State, 466 So. 2d 424 (Fla. 4th DCA 1985), approved, 482 So. 2d 1377 (Fla.1986); Perez v. State, 431 So. 2d 274 (Fla. 5th DCA 1983), approved, 449 So. 2d 818 (Fla.1984). As the Perez court observed, sentence enhancement by rec…
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Gonzalez v. State, 569 So. 2d 782 (Fla. 4th DCA 1990)…, a second-degree felony, may be enhanced to a first-degree felony if the defendant uses a firearm. See § 775.087(1)(b), Fla.Stat. Cf. Andrade v. State, 564 So. 2d 238 (Fla. 3d DCA 1990); State v. Smith, 470 So. 2d 764 (Fla. 5th DCA 1985), approved, 485 So. 2d 1284 (1986). However, the appellant argues that his use of the firearm was an essential element of the crime. The court gave the third-degree murder charge, at the defendant’s request, to afford him the benefits of a lesser included offense conviction, n…
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Hill v. State, 511 So. 2d 565 (Fla. 1st DCA 1986)…nies, committed prior to October 1, 1983, for which sentencing occurs after such date when the defendant affirmatively selects to be sentenced pursuant to the provisions of this act.” See State v. Smith, 470 So. 2d 764 (Fla. 5th DCA 1985) affirmed, 485 So. 2d 1284 (Fla.1986). Though appellant affirmatively elected to be sentenced under the guidelines, such an election does not apply to a life felony occurring prior to October 1, 1983. Wade v. State, 488 So. 2d 127 (Fla. 3rd DCA 1986); Elizagarate v. State, 48…
Authorities Cited
- THE Florida BAR v. Jones, 472 So. 2d 730 (Fla. 1985)
- State v. Whitehead, 472 So. 2d 730 (Fla. 1985)
- Whitehead v. State, 450 So. 2d 545 (Fla. 3d DCA 1984)
- State v. Smith, 470 So. 2d 764 (Fla. 5th DCA 1985)