IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT JULY TERM 2003
LINFORD RICARDO SPENCE,
STATE OF FLORIDA,
CASE NO. 4D01-4047
Opinion filed November 26, 2003
from the Circuit Court
Nineteenth Judicial Circuit, St. Lucie County; Dan
L. Vaughn, Judge; L.T. Case No. 00-3614-CF-A.
Carey Haughwout, Public Defender, and Nan
Ellen Foley, Assistant Public Defender, West
Palm Beach, for appellant.
Jr., Attorney General,
Tallahassee, and Richard Valuntas, Assistant
Attorney General, West Palm Beach, for appellee.
Appellant was convicted of second degree
murder, grand theft of a motor vehicle, and
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), which
provides for a ten-year minimum term of
RICHARD L., Associate Judge, concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY
FILED MOTION FOR REHEARING.