JOSE MARES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jose Mares, sentenced to life without parole as a juvenile for first-degree murder, appeals the summary denial of his Rule 3.800(a) motion. The court reverses based on the Florida Supreme Court's recent holding in Falcon v. State that Miller v. Alabama applies retroactively to all juvenile offenders whose convictions were final when Miller was decided, and remands for resentencing under Florida's new juvenile sentencing legislation.
Miller v. Alabama applies retroactively to all juvenile offenders whose convictions and sentences were final when Miller was decided. The proper remedy is to apply Florida's chapter 2014-220 (codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes) to allow for resentencing consistent with the new juvenile sentencing legislation.
[1] The United States Supreme Court's decision in Miller v. …
[2] Chapter 2014-220, Laws of Florida, provides the proper remedy for juvenile offenders whose sentences are unconstitutional under Miller.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Miller v. Alabama, — U.S. — ,. 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), did not apply retroactively”
States the prior reasoning that was used to deny Mares' motion, which the court now rejects
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Join FLexlaw to unlock all legal intelligenceJose Mares was convicted of first-degree murder committed when he was sixteen years old and received a mandatory sentence of life imprisonment without…
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Jose Mares appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Mr. Mares alleged in his motion that he received a mandatory sentence of life in prison without the possibility of parole for a first-degree murder that he committed when he was sixteen years old. The motion was denied based on Geter v. State, 115 So.3d 375 (Fla. 3d DCA 2012), and Gonzalez v. State, 101 So.3d 886 (Fla. 1st DCA 2012), which held that Miller v. Alabama, — U.S. — ,. 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), did not apply retroactively. The Florida Supreme Court has recently held that the Miller decision applies retroactively to all juvenile offenders whose convictions and sentences were final when Miller was decided. Falcon v. State, 162 So.3d 954, (Fla. Mar. 19, 2015). Ac*66cordingly, we reverse the postconviction court’s order summarily denying the claim.
We note that the Florida Supreme Court has further held in Horsley v. State, 160 So.3d 393, 400 (Fla.2015), that the proper remedy in cases involving juvenile offenders whose sentences are unconstitutional under Miller is to apply chapter 2014-220, Laws of Florida. The court concluded that “applying chapter 2014-220, Laws of Florida, to all juvenile offenders whose sentences are unconstitutional under Miller is the remedy most faithful to the Eighth Amendment principles established by the United States Supreme Court, to the intent of the Florida Legislature, and to the doctrine of separation of powers.” Id. at 406. The relevant provisions of chapter 2014-220 have been codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes (2014). Accordingly, we reverse the order denying Mr. Mares’ motion and remand for a resen-tencing proceeding consistent with this new juvenile sentencing legislation. See Horsley, 160 So.3d 393; Falcon, 162 So.3d 954.
Reversed and remanded with directions.
WALLACE and KHOUZAM, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Horsley v. State, 160 So. 3d 393 (Fla. 2015)
- Falcon v. State, 162 So. 3d 954 (Fla. 2015)
- Drewery Geter v. State, 115 So. 3d 375 (Fla. 3d DCA 2012)
- Gonzalez v. State, 101 So. 3d 886 (Fla. 1st DCA 2012)