RASHAD J. TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2014-12-03
No. 2D13-4487
Khouzam, J., Northcutt, J., Crenshaw, J.
151 So. 3d 1273 Florida District Court of Appeal, Second District (2014) Positive Treatment
Cited by 3 cases

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Synopsis

Florida appellate court reversed summary denial of postconviction relief for juvenile lifer, holding that Miller v. Alabama's prohibition on mandatory life-without-parole sentences for juveniles applies retroactively.


Holding

A mandatory life-without-parole sentence imposed on a juvenile for first-degree murder violates the Eighth Amendment under Miller v. Alabama and must be reconsidered on remand.


Headnotes

[1] Miller v. …

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Facts & Procedural History

Rashad Taylor pleaded guilty to first-degree murder committed at age seventeen in 2007 and received a mandatory sentence of life without the possibili…

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Opinion of the Court
KHOUZAM, Judge.

KHOUZAM, Judge.

Rashad Taylor appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In 2007, Taylor pleaded guilty to the charge of first-degree murder — a crime he committed when he was seventeen years old — and received a mandatory sentence of life without the possibility of parole. In Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), the United States Supreme Court held that such a sentence is unconstitutional. And in Toye v. State, 133 So.3d 540 (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 (Fla. 1st DCA), review granted, 137 So.3d 1019 (Fla.2013). See Burton v. State, 148 So.3d 541, 542 (Fla. 2d DCA 2014).

Reversed and remanded. Conflict certified.

NORTHCUTT and CRENSHAW, JJ., concur.


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Citator

Cited By

  • J.A.L. v. State, 264 So. 3d 1191 (Fla. 2d DCA 2019)
  • Torres v. State, 159 So. 3d 164 (Fla. 2d DCA 2015)
    …old, we reverse the postconviction court’s order and 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…

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