Fleming v. State, CASE NO. 1D12–5661
Decision Date | 27 June 2017 |
Docket Number | CASE NO. 1D12–5661 |
Citation | 219 So.3d 1038 (Mem) |
Parties | Alva W. FLEMING, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Andy Thomas, Public Defender, and Danielle Jorden, Assistant Public Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Virginia Harris, Assistant Attorney General, Tallahassee, for Appellee.
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 Appellant 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 Torres–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 solicitation to commit a capital felony is unaffected by this decision.
To continue reading
Request your trial-
Wanless v. State
...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 mandatory-minimum sentences permissible for attempted-murder and felon-in-possession convictions in one criminal......
-
Halveland v. Fla. Dep't of Corr., 1D18-1822
... ... , Appellant,v.FLORIDA DEPARTMENT OF CORRECTIONS, an Agency of the State of Florida, Isaac Andrews, both in his individual and official capacity ... court's specific instructions on remand of an earlier appeal in this case. We find the trial court erred in both determinations and reverse and ... ...
-
Halveland v. Fla. Dep't of Corr.
... ... , Appellant,v.FLORIDA DEPARTMENT OF CORRECTIONS, an Agency of the State of Florida, Isaac Andrews, both in his individual and official capacity as ... , Patrick Jason William, in his individual capacity, Appellees.CASE NO. 1D163226District Court of Appeal of Florida, First District.Opinion ... ...