Miller v. StateAnnotate this Case
The Supreme Court quashed the decision of the Fifth District Court of Appeal reversing the trial court’s decision imposing consecutive sentences and remanding to the trial court for consideration of whether, in the court’s discretion, it wished for Defendant to serve his sentences concurrently or consecutively, holding that consecutive sentences in this case were impermissible.
Defendant was convicted of kidnapping with a firearm, aggravated battery, and possession of a firearm by a convicted felon. Defendant was determined to be a habitual felony offender, and the trial court ordered Defendant to serve his sentences consecutively. The First District affirmed the consecutive sentences. The Supreme Court quashed the First District’s decision and remanded for reconsideration in light of Walton v. State, 106 So. 3 522 (Fla. 1st DCA 2013), and Williams v. State, 186 So. 3d 989 (Fla. 2016). On remand, the First District determined that the Supreme Court did not explicitly discuss a case factually similar to this one and that either concurrent or consecutive sentences were permissible. The Supreme Court disagreed, holding that Fla. Stat. 775.087(2)(d) neither mandates nor permits consecutive sentences for crimes stemming from a single criminal episode involving a single victim in which the gun was not discharged.