Legal Opinion

Fleming v. State

District Court of Appeal of Florida

Decided January 14, 2019No. 1D17-3493PublishedCited by 1 opinion

1Per 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, --- So.3d ----, 2018 WL 4784069 (Fla. Oct 4, 2018). Because the appellant's single episode involved a single victim who incurred a single injury, we are…

2Cited by1 opinion

  1. Detarsha C. Bradley v. State of FloridaDistrict Court of Appeal of Florida · 2019

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