DAVID PAUL SNIPES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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David Paul Snipes appeals the postcon-viction court’s order summarily denying his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. Because Snipes alleged he received a mandatory sentence of life without the possibility of parole for a first-degree murder he committed at the age of seventeen, we reverse the postconviction court’s order summarily denying the claim as untimely 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). We affirm the court’s order in all other respects.
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, 101 So.3d 886 (Fla. 1st DCA 2012). Toye, 133 So.3d at 547. We again certify conflict with Gonzalez and Geter, and add to our certification Falcon v. State, 111 So.3d 973 (Fla. 1st DCA), review granted, 137 So.3d 1019 (Fla.2013).
Affirmed in part, reversed in part, and remanded. Conflict certified.
LaROSE and MORRIS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Torres v. State, 159 So. 3d 164 (Fla. 2d DCA 2015)…remand 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 Taylor v. State, 151 So. 3d 1273, (Fla. 2d DCA 2014); Snipes v. State, 150 So. 3d 1211 (Fla. 2d DCA 2014); Burton v. State, 148 So. 3d 541 (Fla. 2d DCA 2014). Once again, we certify conflict with Geter v. State, 115 So. 3d 375 (Fla. 3d DCA 2012); Gonzalez v. State, 101 So. 3d 886 (Fla. 1st DCA 2012); and Falcon v. State, 111 So. 3d…
Authorities Cited
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Drewery Geter v. State, 115 So. 3d 375 (Fla. 3d DCA 2012)
- Gonzalez v. State, 101 So. 3d 886 (Fla. 1st DCA 2012)
- Falcon v. State, 111 So. 3d 973 (Fla. 1st DCA 2013)
- 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)