Florida District Courts of Appeal, 2003

Spence v. State

Spence v. State
Florida District Courts of Appeal · Decided November 26, 2003 · Gross, Oftedal, Polen, Richard
859 So. 2d 1268; 2003 Fla. App. LEXIS 18085; 2003 WL 22798434 (Southern Reporter, Second Series)

Spence v. State

Opinion of the Court

PER CURIAM.

Appellant was convicted of second degree murder, grand theft of a motor vehicle, and aggravated battery. We affirm appellant’s convictions. However, we reverse appellant’s sentence for aggravated battery on the authority of Jackson v. State, 852 So.2d 941, 944-45 (Fla. 4th DCA 2003). We note that upon remand appellant may be sentenced pursuant to section 775.087(2)(a)1., Florida Statutes (2001), *1269which provides for a ten-year minimum term of imprisonment.

POLEN, GROSS, JJ., and OFTEDAL, RICHARD L., Associate Judge, concur.

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