ROBERT R. MILLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2014-12-18
No. 1D13-5503
MARSTILLER and SWANSON, JJ., concur.
151 So. 3d 566 Florida District Court of Appeal, First District (2014) Positive Treatment
Cited by 2 cases
Topics
Consecutive Mandatory Minimum Sentences Plain Language Statutory Construction Plain Language Rule Kidnapping

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Opinion of the Court
ROBERTS, J.

ROBERTS, J.

The Appellant, Robert Miller, appeals his consecutive mandatory minimum sentences for kidnapping, aggravating battery, and possession of a firearm by a convicted felon. He argues that the trial court incorrectly imposed consecutive mandatory minimum sentences under section 775.087, Florida Statutes, the 10-20-Life statutes, when there was only one victim of the offenses. We reject this argument. In accordance with Walton v. State, 106 So.3d 522 (Fla. 1st DCA 2013), we affirm the sentencing scheme .because the plain language of section 775.087(2)(d) permits the imposition of consecutive mandatory minimum sentences for multiple convictions involving only one victim where the defendant was carrying a fireai'm.

AFFIRMED.

MARSTILLER and SWANSON, JJ., concur.

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  • Miller v. State, 265 So. 3d 457 (Fla. 2018)
    …ith a mandatory minimum of three years as an HFO on the possession conviction. The sentences, including the mandatory minimums, were all consecutive. Miller appealed his consecutive sentences to the First District, which affirmed. Miller v. State , 151 So. 3d 566 (Fla. 1st DCA 2014) (citing Walton v. State , 106 So. 3d 522 (Fla. 1st DCA 2013), quashed , 208 So. 3d 60 (Fla. 2016) ). On appeal, this Court quashed the First District's decision and remanded the case for reconsideration in light of this Court's d…

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