JASON ALLEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Juvenile offender sentenced to mandatory life without parole for murder and armed robbery is entitled to resentencing under Miller v. Alabama and Graham v. Florida; case reversed and remanded for resentencing consideration.
A juvenile offender sentenced to mandatory life without parole for first-degree murder and armed robbery based on firearm use is entitled to resentencing under Miller v. Alabama and Graham v. Florida.
[1] Miller v. …
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Join FLexlaw to unlock all legal intelligenceJason Allen, age 17, was sentenced in 1998 to mandatory life without parole for first-degree murder and armed robbery with a firearm enhancement.…
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Jason Allen, through appointed counsel, appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The motion alleges that in 1998 Allen was sentenced to unconstitutional mandatory life sentences in prison without the possibility of parole for first-degree murder and armed robbery based on a special finding that he used, carried, or displayed a firearm. He was a 17-yearTold juvenile at the time of his offenses. Thus, Allen claims he is entitled to resentencing under Miller v. Alabama, — U.S.-,-, 132 S.Ct. 2455, 2460, 183 L.Ed.2d 407 (2012) and Graham v. Florida, 560 U.S. 48, 74-75, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010). The State concedes these errors. We agree that relief is warranted and reverse the order summarily denying Allen’s claims.
The Florida Supreme Court held that the Miller decision applies retroactively to all juvenile offenders whose convictions were final when Miller was decided. Falcon v. State, 162 So.3d 954, 960-62 (Fla. 2015). Therefore, it is undisputed that Allen is entitled to resentencing for his murder conviction. Although Allen also raised a Graham claim, with regard to his non-homicide armed robbery, conviction, the trial court failed to address this claim. See 560 U.S. at 74-75, 130 S.Ct. 2011 . Accordingly, we remand to the trial court for it to consider the Graham claim on the merits. Alzamora v. State, 152 So.3d 865 (Fla. 5th DCA 2014) (finding that because the trial court failed to address a claim, *1015remand was necessary so that it could properly consider that claim).
REVERSED and REMANDED.
LAWSON, C.J., PALMER and BERGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Collins v. State, 189 So. 3d 342 (Fla. 1st DCA 2016)…has the right to seek sentence review in the trial court, our affirmance of his term of years sentence notwithstanding. . A timely rule 3.850 motion can be used to raise a claim that a sentence is unconstitutional under Graham. See Allen v. State, 176 So. 3d 1014 (Fla. 5th DCA 2015). . Article I, Section 17 of the Florida Constitution requires us to construe the prohibition against cruel and unusual punishment'in conformity with the Eighth Amendment to the United States Constitution. . It should be emphasi…
Authorities Cited
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Graham v. Florida (1st Cir. 2010)
- Falcon v. State, 162 So. 3d 954 (Fla. 2015)
- Alzamora v. State, 152 So. 3d 865 (Fla. 5th DCA 2014)