Spence v. State, 859 So. 2d 1268 (Fla. 4th DCA 2003). · Go Syfert
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Spence v. State, 859 So. 2d 1268 (Fla. 4th DCA 2003). Cases Citing This Book View Copy Cite
No syfertize treatment data for cluster 7821228.
Linford Ricardo SPENCE
v.
STATE of Florida
No. 4D01-4047.
District Court of Appeal of Florida, Fourth District.
Nov 26, 2003.
859 So. 2d 1268
Carey Haughwout, Public Defender, and Nan Ellen Foley, Assistant Public Defender, West Palm Beach, for appellant., Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.
Gross, Oftedal, Polen, Richard.
Published
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.