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LINGO v. STATE

No. 76-914.

344 So.2d 629 (1977)

Geraldine LINGO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 13, 1977.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Greg A. Johnson, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

OTT, Judge:

Appellant was convicted of aggravated battery in violation of Section 784.045(1)(b), Florida Statutes. The appellant was incarcerated for 81 days while awaiting sentencing. The court below held that Section 775.087(2), Florida Statutes, which provides in relevant part that:

Any person who is convicted of ... aggravated battery ... and who had in his possession a "firearm" . . shall be sentenced to a minimum term of imprisonment of three calendar...

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