ALEX KENNETH TORRES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2015-01-30
No. 2D13-527
SLEET and LUCAS, JJ., Concur.
159 So. 3d 164 Florida District Court of Appeal, Second District (2015) Positive Treatment
Cited by 2 cases


Opinion of the Court
WALLACE, Judge.

WALLACE, Judge.

Alex Torres appeals an order vacating the order which granted his motion for *165postconviction relief and, in turn, denied his motion for postconviction relief with regard to his mandatory life sentence for first-degree murder with a deadly weapon. Because Mr. Torres received a mandatory sentence of life without parole for a first-degree murder that he committed when he was seventeen years 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 (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, 148 So.3d at 542.

Reversed and remanded; conflict certified.

SLEET and LUCAS, JJ., Concur.


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