ALVA W. FLEMING
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Consecutive sentencing under section 775.087(2)(d), Florida Statutes, is not available when a single criminal episode involves a single victim with a single injury.
[1] Consecutive sentencing under section 775.087(2)(d), Florida Statutes, is not available for a crime act that occurred during a single criminal episode involving a single v…
[2] A conviction for a single criminal episode involving a single victim and a single injury requires concurrent sentencing for mandatory minimum sentences imposed under sect…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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”
Court's statement of the controlling legal standard established by Miller v. State
Appellant Fleming was sentenced to consecutive mandatory minimum sentences on multiple counts. The trial involved offenses occurring during a single c…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Single Criminal Episode cases and more on FLexlaw
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Detarsha C. Bradley v. State, 267 So. 3d 1103 (Fla. 1st DCA 2019)
Authorities Cited
- Anderson Lee Nieves Nieves v. State, 257 So. 3d 648 (Fla. 1st DCA 2018)