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ALDACOSTA v. STATE

No. 2D09-2797.

41 So.3d 1096 (2010)

Steven ALDACOSTA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 18, 2010.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Judge.

Steven Aldacosta appeals his judgment and sentence for felony battery. The narrow issue on appeal is whether a prior conviction for lewd or lascivious battery can be used as a qualifying offense to transform misdemeanor battery into felony battery. See § 784.03(2), Fla. Stat. (2007). Lewd or lascivious battery is not among the qualifying convictions expressly enumerated in the felony battery statute. Given our obligation to construe...

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