DESMOND BAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DESMOND BAKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
138 So. 3d 1175
Florida District Court of Appeal, Second District (2014)
Positive Treatment
Cited by 6 cases
Opinion of the Court
Desmond Baker appeals the order summarily denying his motion filed under Florida Rule of Criminal Procedure 3.850. Because Baker received a mandatory sentence of life without the possibility of parole for a first-degree murder he committed when he was fifteen years old, we reverse the postconviction court’s order summarily denying his motion and remand the case for further proceedings consistent with Miller v. Alabama, — U.S.—, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), and Toye v. State, 133 So.3d 540 (Fla. 2d DCA 2014).
NORTHCUTT, CASANUEYA, and KELLY, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mazer v. State, 152 So. 3d 20 (Fla. 2d DCA 2014)…onflict with Geter and Gonzalez. 1 [*21] It would be our normal practice to reverse and remand for the postconviction court to reconsider the appellant’s motion, see, e.g., Figueroa v. State, 139 So. 3d 964, 965 (Fla. 2d DCA 2014); Baker v. State, 138 So. 3d 1175, 1176 (Fla. 2d DCA 2014), but the postconviction court also examined Mazer’s motion on the merits and determined that even if it applied to Mazer’s case, Miller did not preclude a sentence of life without parole for second-degree murder. First, beca…
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Taylor v. State, 151 So. 3d 1273 (Fla. 2d DCA 2014)…0 (Fla. 2d DCA 2014), this court determined that the holding in Miller applies retroactively. Accordingly, we reverse the order summarily denying Taylor’s motion and remand for further proceedings consistent with Miller and Toye. See Baker v. State, 138 So. 3d 1175 (Fla. 2d DCA 2014); Landrum v. State, 133 So. 3d 601 (Fla. 2d DCA 2014). We again certify conflict with Geter v. State, 115 So. 3d 375 (Fla. 3d DCA 2013); Gonzalez v. State, 101 So. 3d 886 (Fla. 1st DCA 2012); and Falcon v. State, 111 So. 3d 973 (Fl…
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Burton v. State, 148 So. 3d 541 (Fla. 2d DCA 2014)…ourt’s order summarily denying his motion and remand the case for further proceedings consistent with Miller v. Alabama, — U.S. —, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), and Toye v. State, 133 So. 3d 540 (Fla. 2d DCA 2014). See also Baker v. State, 138 So. 3d 1175 (Fla. 2d DCA 2014); Landrum v. State, 133 So. 3d 601 (Fla. 2d DCA 2014). In Toye, this court concluded that Miller applied retroactively and certified conflict with Geter v. State, 115 So. 3d 375 (Fla. 3d DCA 2012) (en banc), and Gonzalez v. State…
Authorities Cited
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Toye v. State, 133 So. 3d 540 (Fla. 2d DCA 2014)
- Dep't OF Revenue v. Verrette, 133 So. 3d 540 (Fla. 2d DCA 2014)