ALVA W. FLEMING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ON REMAND FROM THE FLORIDA SUPREME COURT
Upon consideration of the order of the Florida Supreme Court entered May 26, 2017, which quashed this court’s decision previously entered in this cause, the consecutive mandatory minimum sentence imposed for Count II (possession of a firearm by a convicted felon) is vacated. This offense was charged under the 10-20-Life statute, section 775.087(2),- Florida Statutes (2008), as was Count I (attempted murder in the first degree). With respect to Count I, the jury specifically found Ap-péllant possessed and discharged a firearm. As both offenses arose'from the same criminal episode and there was only one victim as to the firearm offenses, the mandatory minimum sentences in this case may be served consecutively or concurrently. See Walton v. State, 208 So.3d 60 (Fla. 2016); Williams v. State, 186 So.3d 989 (Fla. 2016); Tate v. State, 194 So.3d 564 (Fla. 1st DCA 2016); and Burns v. State, 212 So.3d 546 (Fla. 1st DCA 2017). We again certify conflict with Torre's-Rios v. State, 205 So.3d 883 (Fla. 5th DCA 2016).
As the trial court believed it was required to impose consecutive mandatory sentences, we REVERSE and REMAND the cause to the trial court for it to exercise its discretion in this' matter. The sentence imposed for the remaining offense of *1039solicitation to commit a capital felony is unaffected by this decision.
WOLF, BILBREY, and JAY, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wanless v. State, 271 So. 3d 1219 (Fla. 1st DCA 2019)…t required if there is a discharge of a firearm.”); Bradley v. State, 223 So. 3d 421, 422 (Fla. 1st DCA 2017) (quoting Thornes without attribution and finding consecutive sentences permissible when defendant shot at single victim); Fleming v. State, 219 So. 3d 1038, 1038 (Fla. 2017) (consecutive mandatoryminimum sentences permissible for attempted-murder and felonin-possession convictions in one criminal episode with single victim; no mention of multiple gunshots); Tate v. State, 194 So. 3d 564, 565 (Fla. 1st…
Authorities Cited
- Williams v. State, 186 So. 3d 989 (Fla. 2016)
- Leronnie Lee Walton v. State, 208 So. 3d 60 (Fla. 2016)
- Torres-Rios v. State, 205 So. 3d 883 (Fla. 5th DCA 2016)
- Burns v. State, 212 So. 3d 546 (Fla. 1st DCA 2017)
- Tate v. State, 194 So. 3d 564 (Fla. 1st DCA 2016)