          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                         No. 1D17-2450
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ANDERSON LEE NIEVES NIEVES,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Duval County.
Linda F. McCallum, Judge.

                        November 30, 2018

B.L. THOMAS, C.J.,

    Appellant challenges the final judgment of his convictions
and sentences, arguing that: 1) the jury rendered inconsistent
verdicts; 2) improper comments by the prosecutor denied
Appellant a fair trial; and 3) the trial court illegally imposed
consecutive minimum mandatory sentences.              We reject
Appellant’s arguments on the first two issues.

     As to Appellant’s claim that the trial court could not impose
consecutive minimum mandatory sentences, we reverse and
remand with instructions for the trial court to enter an amended
order providing that Appellant’s sentences are to be served
concurrently, consistent with the supreme court’s recent decision
in Miller v. State, 43 Fla. L. Weekly S426 at *1 (Fla. Oct. 4, 2018)
(“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”).

     AFFIRMED in part, REVERSED in part, and REMANDED with
instructions.

WINSOR, J., concurs; MAKAR, J., concurs with opinion.

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MAKAR, J., concurring with opinion.

     I concur fully, noting that the issue of whether the many
improper prosecutorial comments cumulatively denied Nieves a
fair trial would be a close one had contemporaneous objections
been made; affirmance is required, however, under the
fundamental error rule. Spencer v. State, 842 So. 2d 52, 74 (Fla.
2003).

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Andy Thomas, Public Defender, Danielle Jorden, Assistant Public
Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Daniel Krumbholz,
Assistant Attorney General, Tallahassee, for Appellee.




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