ALVA W. FLEMING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2014-04-02
No. 1D12-5661
WOLF, VAN NORTWICK, and MARSTILLER, JJ., concur.
135 So. 3d 531 Florida District Court of Appeal, First District (2014) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Alva W. Fleming appeals his judgment of conviction and sentences for attempted first degree murder, possession of a firearm by a convicted felon, and solicitation to commit a capital felony. We find no merit in the arguments raised on appeal regarding the judgment of conviction. Also, with regard to the mandatory minimum sentence for Count II (possession of a firearm by a convicted felon) imposed consecutively to Count I (attempted first degree murder), such a consecutive sentence is mandated. See Walton v. State, 106 So.3d 522 (Fla. 1st DCA 2013), and Smart v. State, 114 So.3d 1048 (Fla. 1st DCA 2013).

AFFIRMED.

WOLF, VAN NORTWICK, and MARSTILLER, JJ., concur.

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  • Bank OF Am., N.A. v. King, 140 So. 3d 709 (Fla. 1st DCA 2014)
    …PER CURIAM. Reversed and remanded for further proceedings. See Deutsche Bank Nat’l Trust Co. v. Gombert, 135 So. 3d 531 (Fla. 1st DCA 2014). THOMAS, ROWE, and MAKAR, JJ., concur.…
  • Bank OF Am., N.A. v. Brightwell, 140 So. 3d 709 (Fla. 1st DCA 2014)
    …PER CURIAM. Reversed and remanded for further proceedings. See Deutsche Bank Nat’l Trust Co. v. Gombert, 135 So. 3d 531 (Fla. 1st DCA 2014). THOMAS, ROWE, and MAKAR, JJ., concur.…
  • Dalvin Lorenzo Denson v. State, 143 So. 3d 1198 (Fla. 1st DCA 2014)
    …N, J. Dalvin Lorenzo Denson appeals the imposition of consecutive mandatory minimum sentences aggregating seventy-five years, pursuant to section 775.087(2)(d), Florida Statutes (2011). We affirm on the basis of stare decisis. See Fleming v. State, 135 So. 3d 531 (Fla. 1st DCA 2014); Smart v. State, 114 So. 3d 1048 (Fla. 1st DCA 2013). See also Morgan v. State, 137 So. 3d 1075 (Fla. 3d DCA 2014). But see Roberts v. State, 990 So. 2d 671 (Fla. 4th DCA 2008); Perry v. State, 973 So. 2d 1289 (Fla. 4th DCA 2008)…

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