Home -> Law Blog Directory -> Criminal Law Blogs -> Florida Criminal Law Opinions

Criminal Law

: Florida Criminal Law Opinions

STATE OF FLORIDA, Petitioner, vs. CHRISTIAN FLEMING, Respondent

By admin

Supreme Court of Florida _____________ No. SC06-1173 _____________ STATE OF FLORIDA, Petitioner, vs. CHRISTIAN FLEMING, Respondent. [February 3, 2011] CANADY, C.J. In this case, we consider the application in resentencing proceedings of the constitutional right to a jury determination of facts that are essential to the sentence imposed. We have for review Fleming v. State, 31 Fla. L. Weekly D1112 (Fla. 1st DCA Apr. 21, 2006), in which the First District Court of Appeal certified conflict with Galindez v. State, 910 So. 2d 284 (Fla. 3d DCA 2005). We have jurisdiction.See art. V, § 3(b)(4), Fla. Const. Following our disposition of Galindez v. State, 955 So. 2d 517 (Fla. 2007), approving the Third District Court of Appeal?s decision on other grounds, we granted the State?s petition to review this case and resolve the ongoing conflict in the district courts regarding the applicability ofApprendi v...continue to full post

Full post as published by Florida Criminal Law Opinions on February 03, 2011 (boomark / email).