ANDERSON LEE NIEVES NIEVES
v.
STATE OF FLORIDA
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A trial court cannot impose consecutive minimum mandatory sentences for crimes stemming from a single criminal episode involving a single victim.
[1] Crimes stemming from a single criminal episode involving a single victim or a single injury may not be sentenced consecutively.
[2] A conviction and sentence may be affirmed in part and reversed in part.
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Join FLexlaw to unlock all legal intelligence“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”
Miller v. State, 43 Fla. L. Weekly S426 at *1 (Fla. Oct. 4, 2018)
Anderson Lee Nieves Nieves was convicted of multiple crimes and sentenced to consecutive minimum mandatory sentences by the trial court in Duval Count…
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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
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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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Citator
Cited By
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Anderson Lee Nieves Nieves v. State, 257 So. 3d 648 (Fla. 1st DCA 2018)
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Alva W. Fleming v. State, 260 So. 3d 1199 (Fla. 1st DCA 2019)
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Jackson v. State, 263 So. 3d 305 (Fla. 1st DCA 2019)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dusty Ray Spencer v. State, 842 So. 2d 52 (Fla. 2003)
- Anderson Lee Nieves Nieves v. State, 257 So. 3d 648 (Fla. 1st DCA 2018)
- Jackson v. State, 263 So. 3d 305 (Fla. 1st DCA 2019)