         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                         No. 1D17-5463
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DETARSHA C. BRADLEY,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Duval County.
Russell Healey, Judge.


                          April 16, 2019

PER CURIAM.

     Appellant was convicted of aggravated assault and
possession of a firearm by a convicted felon, resulting from one
criminal episode involving one victim, in which three or four
shots were fired. The trial court imposed consecutive minimum-
mandatory sentences under section 775.087(2), Florida Statutes
(10-20-Life); and Appellant challenged that aspect of his sentence
on appeal. Pursuant to Walton v. State, 208 So. 3d 60 (Fla. 2016),
and Williams v. State, 186 So. 3d 989 (Fla. 2016), we remanded
for the trial court to exercise its discretion as to whether
Appellant’s minimum-mandatory sentences should be concurrent
or consecutive. Bradley v. State, 223 So. 3d 421 (Fla. 1st DCA
2017). The trial court re-entered consecutive sentences. After that
hearing and while this appeal was pending, the Florida Supreme
Court decided Miller v. State, 43 Fla. L. Weekly S426, 2018 WL
4784069 (Fla. Oct. 4, 2018). In that case, the supreme court
clarified its post-Williams cases as holding that consecutive
sentences are permissible for single-episode crimes only when
there are either multiple victims or multiple injuries—neither of
which was the case here. Miller, 2018 WL 4784069 at *2. We
followed that precedent in Fleming v. State, 260 So. 3d 1199 (Fla.
1st DCA 2019), remanding for resentencing with concurrent
minimum-mandatory sentences; and we do so again now.

    REVERSED and REMANDED for resentencing.

ROWE, OSTERHAUS, and KELSEY, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Andy Thomas, Public Defender; and Barbara J. Busharis,
Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General; Kaitlin Weiss, Assistant
Attorney General; and Tabitha Herrera, Assistant Attorney
General, Tallahassee, for Appellee.




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