Alva W. Fleming v. State of Florida

District Court of Appeal of Florida

Alva W. Fleming v. State of Florida

CourtDistrict Court of Appeal of Florida

DecidedJanuary 14, 2019

Docket17-3493

StatusPublished

This text of Alva W. Fleming v. State of Florida (Alva W. Fleming v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alva W. Fleming v. State of Florida, (Fla. Ct. App. 2019).

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Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D17-3493 _____________________________

ALVA W. FLEMING,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Duval County. James Daniel, Judge.

January 14, 2019

PER CURIAM.

While this appeal was pending, the Florida Supreme Court clarified the current state of the law with regards to consecutive sentencing under section 775.087(2)(d), Florida Statutes. The Florida Supreme Court ruled that consecutive sentencing under section 775.087(2)(d) is not available for a crime act that occurred during a single criminal episode involving a single victim or a single injury. Miller v. State, 43 Fla. L. Weekly S426 (Fla. Oct 4, 2018). Because the appellant’s single episode involved a single victim who incurred a single injury, we are compelled to reverse the consecutive mandatory minimum sentence for count II and require the trial court to impose this sentence concurrently to the sentence for count I. REVERSED and REMANDED for resentencing.

B.L. THOMAS, C.J., and ROBERTS and OSTERHAUS, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Andy Thomas, Public Defender, and Danielle Jorden, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Brooke Moody, Attorney General; Tabitha Rae Herrera and Kaitlin Weiss, Assistant Attorneys General, Tallahassee, for Appellee.

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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D17-3493 _____________________________

ALVA W. FLEMING,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Duval County. James Daniel, Judge.

January 14, 2019

PER CURIAM.

While this appeal was pending, the Florida Supreme Court clarified the current state of the law with regards to consecutive sentencing under section 775.087(2)(d), Florida Statutes. The Florida Supreme Court ruled that consecutive sentencing under section 775.087(2)(d) is not available for a crime act that occurred during a single criminal episode involving a single victim or a single injury. Miller v. State, 43 Fla. L. Weekly S426 (Fla. Oct 4, 2018). Because the appellant’s single episode involved a single victim who incurred a single injury, we are compelled to reverse the consecutive mandatory minimum sentence for count II and require the trial court to impose this sentence concurrently to the sentence for count I. REVERSED and REMANDED for resentencing.

B.L. THOMAS, C.J., and ROBERTS and OSTERHAUS, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Andy Thomas, Public Defender, and Danielle Jorden, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Brooke Moody, Attorney General; Tabitha Rae Herrera and Kaitlin Weiss, Assistant Attorneys General, Tallahassee, for Appellee.

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Bluebook (online)

Alva W. Fleming v. State of Florida, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alva-w-fleming-v-state-of-florida-fladistctapp-2019.