Legal Opinion

State v. Fleming

Supreme Court of Florida

Decided February 3, 2011No. SC06-1173PublishedCited by 50 opinions

1Opinion of the CourtCanady, C.J.

In this case, we consider the application in resentencing proceedings of the constitutional right to a jury determination of facts that are essential to the sentence imposed. We have for review Fleming v. State, — So.3d-, 2006 WL 1041164, 31 Fla. L. Weekly D1112 (Fla. 1st DCA 2006), in which the First District Court of Appeal certified conflict with Galindez v. State, 910 So.2d 284 (Fla. 3d DCA 2005). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. Following our disposition of Galindez v. State, 955 So.2d 517 (Fla.2007), approving the Third District Court of Appeal’s decision on…

2Cases cited49 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. North Carolina v. PearceSupreme Court of the United States · 1969
  4. Ring v. ArizonaSupreme Court of the United States · 2002
  5. Griffith v. KentuckySupreme Court of the United States · 1987

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3Cited by50 opinions

  1. Hernandez v. StateDistrict Court of Appeal of Florida · 2011
  2. Barrios-Cruz v. StateDistrict Court of Appeal of Florida · 2011
  3. Geter v. StateDistrict Court of Appeal of Florida · 2012
  4. William J. Plott v. State of FloridaSupreme Court of Florida · 2014
  5. State v. JohnsonSupreme Court of Florida · 2013

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

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