TAVARES WAYNTELL SPENCER
v.
STATE OF FLORIDA

Fla. 2d DCA | 2021-11-05
No. 20-0900
319 So. 3d 691 Florida District Court of Appeal, Second District (2021) Positive Treatment
Cited by 6 cases

Opinion of the Court
Morris

PER CURIAM. Affirmed. Bailey v. State, 277 So. 3d 173, 176-77 (Fla. 2d DCA 2019); Hall v. State, 319 So. 3d 691, 695-97 (Fla. 3d DCA

2021); Martinez v. State, 256 So. 3d 897, 900 (Fla. 4th DCA 2018); Montgomery v. State, 230 So. 3d 1256, 1263 (Fla. 5th DCA 2017). MORRIS, C.J., and LABRIT, J., Concur. ATKINSON, J., Concurs in result only with opinion. ATKINSON, J., Concurring. I concur in result only. See Pedroza v. State, 291 So. 3d 541, 545, 548 (Fla. 2020) (holding that a sentence imposed "without individualized consideration of the offender's 'youth and its attendant characteristics' . . . does not implicate . . . Miller, unless it meets the threshold requirement of being a life sentence or the functional equivalent of a life sentence" (quoting Miller v. Alabama, 567 U.S. 460, 465 (2012))). Opinion subject to revision prior to official publication.


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