Davis v. StateDavis v. State
Of the appellant‘s claims of trial error, his contention that a state peremptory challenge was improperly permitted over a Neil objection, although well taken, was not properly preserved, Joiner v. State, 618 So.2d 174 (Fla.1993); Bauta v. State, 698 So.2d 860 (Fla. 3d DCA 1997), review granted, 705 So.2d 901 (Fla.1998); Karp v. State, 698 So.2d 577 (Fla. 3d DCA 1997), and the other two present no reversible error. Hence, the convictions for first degree murder and armed burglary with a firearm on review are affirmed.
As the state acknowledges, however, the sentences must be corrected after remand to provide that the mandatory minimum terms for the use of a firearm in the two crimes must be made concurrent rather than consecutive because they occurred during a single criminal episode. State v. Christian, 692 So.2d 889 (Fla.1997). In addition, the separate conviction and sentence for the possession of a firearm during the course of the armed burglary are vacated on the authority of Cleveland v. State, 587 So.2d 1145 (Fla. 1991).
Affirmed as modified.