Miller v. State

Full title: Robert R. MILLER, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, First District.

Date published: Dec 18, 2014

151 So. 3d 566 (Fla. Dist. Ct. App. 2014)

Opinion

No. 1D13–5503.

2014-12-18

Robert R. MILLER, Appellant, v. STATE of Florida, Appellee.

An appeal from the Circuit Court for Duval County. Kevin A. Blazs, Judge. Nancy A. Daniels, Public Defender, and Pamela D. Presnell, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee.

ROBERTS

An appeal from the Circuit Court for Duval County. Kevin A. Blazs, Judge.
Nancy A. Daniels, Public Defender, and Pamela D. Presnell, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee.
ROBERTS, J.

The Appellant, Robert Miller, appeals his consecutive mandatory minimum sentences for kidnapping, aggravating battery, and possession of a firearm by a convicted felon. He argues that the trial court incorrectly imposed consecutive mandatory minimum sentences under section 775.087, Florida Statutes, the 10–20–Life statutes, when there was only one victim of the offenses. We reject this argument. In accordance with Walton v. State, 106 So.3d 522 (Fla. 1st DCA 2013), we affirm the sentencing scheme because the plain language of section 775.087(2)(d) permits the imposition of consecutive mandatory minimum sentences for multiple convictions involving only one victim where the defendant was carrying a firearm.

AFFIRMED. MARSTILLER and SWANSON, JJ., concur.