(Download) "Guadalupe Gonzalez v. State Florida" by Supreme Court of Florida # eBook PDF Kindle ePub Free

eBook details

Title: Guadalupe Gonzalez v. State Florida
Author : Supreme Court of Florida
Release Date : January 12, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

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We review Gonzalez v. State, 569 So.2d 782 (Fla. 4th DCA 1990), which directly and expressly conflicts with Franklin v. State,
541 So.2d 1227 (Fla. 2d DCA 1989).1{/Cite} We quash in part the decision below. Gonzalez was charged with one count of second-degree murder with a firearm, and three counts of attempted second-degree murder
with a firearm. He was convicted of the lesser included offenses of third-degree murder with a firearm, and three counts of
aggravated battery with a firearm. The trial court enhanced the third-degree murder conviction, which is a second-degree felony
when committed without a firearm, to a first-degree felony pursuant to section 775.087(1)(b), Florida Statutes (1987).2{/Cite}
Gonzalez appealed the enhancement, asserting that use of a firearm is not a valid reason for enhancement under these circumstances
because use of a firearm was an essential element of the crime for which he was convicted. The district court affirmed but
acknowledged conflict with Franklin v. State.