Legal Opinion

Fleming v. State

District Court of Appeal of Florida

Decided December 2, 2011No. 5D09-3240PublishedCited by 3 opinions

1Opinion of the CourtCohen, J.

Appellant, Issac Nicholas Ray Fleming, appeals the denial of his motion to correct sentencing errors filed pursuant to Florida Rule of Criminal Procedure 3.800.1 He *399raises three double jeopardy violations and contests the improper stacking of mandatory minimum sentences.2 We affirm in part, reverse in part, and remand with instructions.

Fleming and a co-conspirator entered a home, sexually assaulted a female occupant, battered her husband, and stole property.3 Both Fleming and his co-defendant were armed during the crime, trading turns brandishing a firearm and a knife. Fleming was charged,…

2Cases cited16 opinions

  1. Jackson v. StateSupreme Court of Florida · 2008
  2. Pizzo v. StateSupreme Court of Florida · 2006
  3. State v. BartonSupreme Court of Florida · 1988
  4. State v. JohnsonSupreme Court of Florida · 1986
  5. State v. AmesSupreme Court of Florida · 1985

11 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Frederick v. StateDistrict Court of Appeal of Florida · 2014
  2. Jones v. StateDistrict Court of Appeal of Florida · 2014
  3. K.B., a Child v. State of FloridaDistrict Court of Appeal of Florida · 2026

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