Spence v. State

District Court of Appeal of Florida

Spence v. State

859 So. 2d 1268, 2003 Fla. App. LEXIS 18085, 2003 WL 22798434

District Court of Appeal of Florida·Decided November 26, 2003·No. No. 4D01-4047·Published

Opinion

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), [1269] which provides for a ten-year minimum term of imprisonment.

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

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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), [1269] which provides for a ten-year minimum term of imprisonment.

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

Spence v. State, 859 So. 2d 1268, 2003 Fla. App. LEXIS 18085, 2003 WL 22798434 (Fla. Ct. App. 2003).

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Opinion

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