         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                         No. 1D13-5687
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MAURICE JAVON JACKSON,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Duval County.
Tatiana Salvador, Judge.

                       February 11, 2019


         ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

     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.

WOLF, LEWIS, and ROBERTS, JJ., concur.

                 _____________________________

    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, and Danielle Jorden, Assistant
Public Defender, Tallahassee, for Appellant.

Ashley B. Moody, Attorney General, and Samuel B. Steinberg,
Assistant Attorney General, Tallahassee, for Appellee.




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