Baldwin v. State

PATTERSON, Chief Judge.

Donald Baldwin appeals for the third time his judgment and sentence for second-degree murder with a firearm. See Baldwin v. State, 700 So.2d 95 (Fla. 2d DCA 1997); Baldwin v. State, 666 So.2d 240 (Fla. 2d DCA 1996). In this appeal following his second resentencing, Baldwin argues that the trial court erred in enhancing the charge from a first-degree felony to a life felony for the use of a firearm because the use of a firearm was an element of the offense. We affirm as to this issue because the error was waived by Baldwin’s failure to raise it in his first appeal. We…