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STATE v. FLEMING

No. SC06-1173.

61 So.3d 399 (2011)

STATE of Florida, Petitioner, v. Christian FLEMING, Respondent.

Supreme Court of Florida.

February 3, 2011.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Trisha Meggs Pate, Bureau Chief, and Christine Ann Guard, Assistant Attorneys General, Tallahassee, FL, for Petitioner.

Nancy A. Daniels , Public Defender, and David A. Davis , Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, for Respondent.

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, ___ So.3d ___, 2006 WL 1041164, 31 Fla. L. Weekly D1112 (Fla. 1st DCA 2006), in which the First District Court of Appeal certified conflict with Galindez v. State, 910 So.2d 284 (Fla. 3d DCA 2005...

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