JESSIE CRUZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2015-05-08
No. 2D13-2217
WALLACE and KHOUZAM, JJ., Concur.
164 So. 3d 117 Florida District Court of Appeal, Second District (2015)

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Synopsis

Jessie Cruz, sentenced to life without parole for first-degree murder committed at age 15, appealed the summary denial of his Rule 3.800(a) motion. The court reversed and remanded after the Florida Supreme Court held that Miller v. Alabama applies retroactively to all juvenile offenders whose sentences were final when Miller was decided, and that Florida's new juvenile sentencing legislation provides the proper remedy.


Holding

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 juvenile sentencing legislation (Chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401, and 921.1402) to allow for resentencing.


Headnotes

[1] Miller v. …

[2] The proper remedy for juvenile offenders whose sentences are unconstitutional under Miller is to apply chapter 2014-220, Laws of Florida, codified in sections 775.082, 92…

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Key Quotes

“Mr. Cruz 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 fifteen years old.”

Establishes the factual basis of the appeal—a juvenile receiving an adult mandatory life sentence

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Facts & Procedural History

Jessie Cruz was convicted of first-degree murder and sentenced to life imprisonment without the possibility of parole. The offense was committed when …

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Opinion of the Court
CASANUEVA, Judge.

CASANUEVA, Judge.

Jessie Cruz appeals the summary denial of his motion filed, pursuant to Florida Rule of Criminal Procedure 3.800(a). Mr. Cruz 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 fifteen 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). Accordingly, 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. Cruz’s motion and remand for a resentenc-ing 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.


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