Legal Opinion

Green v. State

District Court of Appeal of Florida

Decided April 3, 2019No. 3D18-2239Published

1Per curiam

Affirmed. See Connolly v. State, 172 So.3d 893, 903-04 (Fla. 3d DCA 2015) (holding that "technical defects in a charging document are treated differently than the failure to allege an essential element of the crime. An indictment that wholly omits an essential element of a crime is a fundamental defect that may be raised at any time because the indictment fails to charge a crime when an essential element is omitted. Use or possession of a firearm, however, is not an essential element of second degree murder, but rather, it may serve to allow for a reclassification of the second degree murder…

2Cases cited5 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Galindez v. StateSupreme Court of Florida · 2007
  4. Connolly, Jr. v. StateDistrict Court of Appeal of Florida · 2015
  5. Ivory Lee Robinson v. State of FloridaDistrict Court of Appeal of Florida · 2017

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