WALLACE v. STATE

No. 4D02-1303.

860 So.2d 494 (2003)

Michael WALLACE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 18, 2003.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Peggy Natale, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Karen Finkle, Assistant Attorney General, West Palm Beach, for Appellee.


WARNER, J.

Appellant was convicted of arson and possession and discharge of a destructive device. Based upon the jury's finding that appellant discharged a destructive device, the court felt obligated to sentence appellant to twenty years in prison under the 10/20/Life statute. Appellant contends that because the destructive device did not explode, it did not discharge within the meaning of the sentencing statute, so his sentence should only be ten years for possessing...

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