ANTHONY JOHN WAGNER
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-12-23
No. 18-4783
Florida District Court of Appeal, First District (2019) Positive Treatment
Cited by 8 cases
Topics
Mandatory Life Sentence Life Sentence De Facto Life Sentence Juvenile Sentencing

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Opinion of the Court

PER CURIAM.

On October 14, 2015, Appellant was adjudicated guilty of second-degree murder and armed robbery and was sentenced to thirty years in prison on both counts to run concurrently. He seeks resentencing pursuant to chapter 2014–220, Laws of Florida, because he was a juvenile when he committed the crimes. This Court has held that resentencing is not required where a homicide defendant’s sentence is not a life sentence, a mandatory life sentence or a de facto life sentence. Davis v. State, 214 So. 3d 799 (Fla. 1st DCA 2017) (defendant sentenced to total of 35 years for second-degree murder and attempted robbery committed as a juvenile is not required to be resentenced); contra Katwaroo v. State, 237 So. 3d 446, 447 (Fla. 5th DCA 2018) (resentencing required for defendant serving 30-year sentence for second-degree

murder committed as a juvenile); see also Pedroza v. State, No. SC18-964, 2018 WL 6433136 (Fla. Dec 6, 2018), accepting review of Pedroza v. State, 244 So. 3d 1128 (Fla. 4th DCA 2018) (upholding forty-year sentence for a second-degree murder committed when defendant was a juvenile). AFFIRMED. WOLF, ROWE, and MAKAR, JJ., concur. _____________________________

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Warthen v. State, 265 So. 3d 695 (Fla. 4th DCA 2019)
  • Echevarria v. State, 271 So. 3d 108 (Fla. 3d DCA 2019)
    …Miller v. Alabama, 567 U.S. 460 (2012), and their Florida progeny. The trial court denied the motion and Echevarria appealed. We affirm under the authority of Pedroza v. State, 244 So. 3d 1128, 1129 (Fla. 4th DCA 2018), review granted, No. SC18-964, 2018 WL 6433136, at *1 (Fla. Dec. 6, 2018). Affirmed.…
  • Powell v. State, 271 So. 3d 1181 (Fla. 3d DCA 2019)
    …a non-homicide crime do not violate the United States Supreme Court decision in Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010) ); see Pedroza v. State, 244 So. 3d 1128, 1129 (Fla. 4th DCA 2018), review granted, No. SC18-964, 2018 WL 6433136 (Fla. Dec. 6, 2018).…

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