JACKSON v. STATE (2019)

On Remand from the Florida Supreme Court

We previously affirmed appellant's sentences based on our decision in Burns v. State, 212 So.3d 546 (Fla. 1st DCA 2017). However, the Florida Supreme Court quashed our decision in this case and remanded for reconsideration in light of its decision in Miller v. State, 43 Fla. L. Weekly S426 (Fla. Oct. 4, 2018).

In Miller, 43 Fla. L. Weekly S426, the supreme court held that consecutive mandatory minimum sentences for multiple firearm offenses are impermissible where there are not multiple victims or multiple injuries to a single victim and approved the decision of the Fifth District Court of Appeal in Torres-Rios v. State, 205 So.3d 883 (Fla. 5th DCA 2016). We, therefore, determine that appellant was illegally sentenced to consecutive mandatory minimum sentences for attempted murder in the second degree and possession of a firearm by a convicted felon.

We quash the consecutive mandatory minimum sentences and instruct the trial court on remand to enter an order imposing the mandatory minimums to run concurrently.

Sentencing Quashed and Remanded for resentencing.

Per Curiam.

Wolf, Lewis, and Roberts, JJ., concur.