Royster v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DAVONE LAMAR ROYSTER, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) __________________________________ ) Case No. 2D13-905 Opinion filed October 1, 2014. Appeal from the Circuit Court for Manatee County; Edward Nicholas, Judge. Howard L. Dimmig, II, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Susan M. Shanahan, Assistant Attorney General, Tampa, for Appellee. MORRIS, Judge. Davone Lamar Royster appeals his judgments for first-degree murder, attempted armed robbery with a firearm or deadly weapon, and attempted first-degree murder. He also appeals his life sentence with the possibility of parole on the firstdegree murder conviction. He first argues that the trial court erred by refusing to require the State to provide immunity to a State witness or to suffer a judgment of acquittal. We affirm that issue without further comment. We also affirm on the second issue, regarding the legality of his life sentence with the possibility of parole, which is controlled by our recent opinion in Rodriguez-Giudicelli v. State, 143 So. 3d 947 (Fla. 2d DCA 2014). Affirmed. DAVIS, C.J., and KHOUZAM, J., Concur. -2-

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