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SPENCE v. STATE

No. 4D01-4047.

859 So.2d 1268 (2003)

Linford Ricardo SPENCE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 26, 2003.

Attorney(s) appearing for the Case

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.

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),

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