JUAN D. FIGUEROA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JUAN D. FIGUEROA, APPELLANT,
STATE OF FLORIDA, APPELLEE
139 So. 3d 964
Florida District Court of Appeal, Second District (2014)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Juan D. Figueroa appeals the order denying his motion to set aside or correct illegal sentence filed under Florida Rules of Criminal Procedure 3.800(a) and 3.850(b)(2). In his motion, Figueroa correctly argued that his mandatory life sentence without parole for first-degree felony murder is illegal under Miller v. Alabama, - U.S. -, -, 132 S.Ct. 2455, 2469, 183 L.Ed.2d 407 (2012), because he was a minor at the time of the offense. Accordingly, we reverse the postconviction court’s order denying Figueroa’s motion and remand for further proceedings consistent with Toye v. State, 133 So.3d 540 (Fla. 2d DCA 2014).
Reversed and remanded.
KELLY, WALLACE, and CRENSHAW, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Mazer v. State, 152 So. 3d 20 (Fla. 2d DCA 2014)…were final before Miller was rendered and we certified conflict 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…
Authorities Cited
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Toye v. State, 133 So. 3d 540 (Fla. 2d DCA 2014)