Robert R. Miller v. State of Florida
Robert R. Miller v. State of Florida
Dissenting Opinion
For the reasons I have explained in my dissent in Williams v. State ,
Dissenting Opinion
This case presents an issue of statutory construction. For the reasons explained by *460Justice Canady in Walton v. State ,
CANADY, C.J., concurs.
Opinion of the Court
Robert R. Miller seeks review of the decision of the First District Court of Appeal in Miller v. State ,
FACTS
Miller was convicted for the kidnapping with a firearm and aggravated battery of Steven Cooley as well as of possession of a firearm by a convicted felon. At sentencing, Miller was determined to be a habitual felony offender ("HFO"). The State argued that the mandatory sentences had to run consecutively under the statute and caselaw. Defense counsel argued that because there was only one victim, the mandatory minimums were not required to run consecutively and requested that they run concurrently. The trial judge agreed with the State that he had no discretion and sentenced Miller to twenty years' incarceration as an HFO on the kidnapping conviction, with a mandatory minimum of ten years, to ten years' incarceration, with a mandatory minimum of ten years as an HFO on the aggravated battery conviction, and to five years' incarceration, with a mandatory minimum of three years as an HFO on the possession conviction. The sentences, including the mandatory minimums, were all consecutive.
Miller appealed his consecutive sentences to the First District, which affirmed. Miller v. State ,
On remand from this Court for reconsideration pursuant to Walton , the First District determined that this Court "did not explicitly discuss a case factually similar to this one, in which appellant committed two gun-related offenses ... but appellant's crimes involved only one victim who sustained only one physical injury." Miller ,
DISCUSSION
Because our caselaw reflects that the crimes stemming from a single criminal episode involving a single victim or a single injury may not be sentenced consecutively, we quash the decision of the First District and remand with instructions to remand to the trial court to enter concurrent sentences.
This Court has long held that, where there is a single victim, "consecutive sentencing of mandatory minimum imprisonment terms for multiple firearm offenses is impermissible if the offenses arose from the same criminal episode." Williams ,
*459In 1997, we considered the application of section 775.087(2)(a), Florida Statutes (1993), where a defendant fired multiple gun shots at multiple victims during a single criminal episode, concluding:
As a general rule, for offenses arising from a single episode, stacking is permissible where the violations of the mandatory minimum statutes cause injury to multiple victims, or multiple injuries to one victim. The injuries bifurcate the crimes for stacking purposes. The stacking of firearm mandatory minimum terms thus is permissible where the defendant shoots at multiple victims, and impermissible where the defendant does not fire the weapon.
Christian ,
In Williams v. State ,
Together, these cases state that section 775.087(2)(d), Florida Statutes (2014), mandates consecutive sentences for specified crimes committed in separate criminal episodes and permits consecutive sentences at judicial discretion for specified crimes committed in a single criminal episode with either multiple victims or injuries. Section 775.087(2)(d) neither mandates nor permits consecutive sentences for crimes committed in a single criminal episode with a single victim or injury in which a firearm is not discharged.
Miller was charged with multiple offenses stemming from a single criminal episode involving a single victim in which the gun was not discharged. Under these facts, consecutive sentences are impermissible. Accordingly, we quash the decision in Miller and approve the decision in Torres-Rios and remand to the First District for proceedings consistent with this decision.
It is so ordered.
PARIENTE, LEWIS, and LABARGA, JJ., concur.
POLSTON, J., dissents with an opinion.
LAWSON, J., dissents with an opinion, in which CANADY, C.J., concurs.
The First District asserted that we have not addressed a case factually similar to this one. Miller ,
Reference
- Full Case Name
- Robert R. MILLER, Petitioner, v. STATE of Florida, Respondent.
- Cited By
- 5 cases
- Status
- Published