          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                         No. 1D17-3493
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ALVA W. FLEMING,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Duval County.
James Daniel, Judge.

                         January 14, 2019


PER 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 (Fla. Oct 4,
2018). Because the appellant’s single episode involved a single
victim who incurred a single injury, we are compelled to reverse
the consecutive mandatory minimum sentence for count II and
require the trial court to impose this sentence concurrently to the
sentence for count I.
    REVERSED and REMANDED for resentencing.

B.L. THOMAS, C.J., and ROBERTS and OSTERHAUS, 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 Danielle Jorden, Assistant
Public Defender, Tallahassee, for Appellant.

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




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