CHARLES GALLAGHER, APPELLANT,

v.

WALGREEN'S DISTRIBUTION CENTER, TRAVELERS INSURANCE COMPANY AND KEMPER INSURANCE COMPANY, APPELLEES

Citator

Cited By

• State v. Fleming, 61 So. 3d 399 (Fla. 2011)
  …. Subsequently, the district court reversed the denial of Fleming’s postconviction motion, in which Fleming alleged his sentence was illegal under Heggs v. State, 759 So. 2d 620, 627 (Fla.2000), and remanded for re-sentencing. See Fleming v. State, 808 So. 2d 287 (Fla. 1st DCA 2002).1 At Fleming’s 2003 resentencing, the circuit court scored forty points on the scoresheet for severe victim injury and again departed upward from the guidelines range of fifty-five and a half months to ninety-two and a half month…
• State v. Gwenda Jean Lemon, 825 So. 2d 927 (Fla. 2002)
  …most identical to those presented here. Recently, both the First and Second District Courts have followed our holding in Hope and have remanded Heggs claims for recalculation of departure sentences, the same relief sought here. See Fleming v. State, 808 So. 2d 287 (Fla. 1st DCA 2002); DeMonia v. State, 806 So. 2d 545 (Fla. 2d DCA 2001). As noted in Fleming: “In Hope v. State, 797 So. 2d 1252 (Fla.2001), the Florida Supreme Court held that a valid departure sentence that was imposed pursuant to the 1995 guidel…
• Fleming v. State (Fla. 1st DCA 2006)
  …ctions. BENTON, POLSTON, and THOMAS, JJ., concur. . Appellant's original departure sentence was reconsidered after a recalculation of the scoresheet under the 1994 guidelines pursuant to Hope v. State, 797 So. 2d 1252 (Fla.2001). Fleming v. State, 808 So. 2d 287 (Fla.1st DCA 2002). . See Behl v. State, 898 So. 2d 217 (Fla. 2d DCA 2005) (applying the ruling in Apprendi to a trial court’s assessment of victim injury points).…

Authorities Cited

• Denestan v. Miami-Dade Cnty., 789 So. 2d 515 (Fla. 1st DCA 2001)