Connolly, Jr. v. State

I respectfully dissent. The majority decision has established an entirely new standard for the application of section 775.087(1), Florida Statutes,6 governing the reclassification of certain crimes, not only in direct conflict with Florida Supreme Court precedent interpreting that statute, but also precedent out of every Florida district court of appeal including our own. The majority’s overbroad interpretation of the reclassification statute contravenes the long-held rule of statutory construction that “when the language [of the criminal statute] is susceptible of differing constructions, it…