Should the Sentence for Murder Conviction Be Enhanced Due to the Use of a Firearm ?
In Gonzalez v. State, 585 So. 2d 932 (Fla. 1991), the defendant was convicted of attempted third-degree felony murder and aggravated battery, and the Fourth District affirmed the trial court's enhancement of the sentence for the murder conviction since the predicate crime involved a firearm. See Gonzalez, 569 So. 2d 782 (Fla. 4th DCA 1990).
This Court quashed the Fourth District's decision insofar as it affirmed the trial court's enhancement. Gonzalez, 585 So. 2d at 933.
The court adopted the concurring and dissenting opinion of then Judge Anstead, who relied upon Lareau v. State, 554 So. 2d 638 (Fla. 4th DCA 1989), which held that even though the use of a weapon is not a necessary element in every aggravated battery case, it is not proper to enhance the conviction when the offense is charged with reference to use of a weapon. Gonzalez, 585 So. 2d at 933 (citing Gonzalez, 569 So. 2d at 784-85 (Anstead, J., concurring in part and dissenting in part)).
In Gonzalez, the predicate felony was aggravated battery involving the use of a weapon.