LESTER ENRIQUEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2016-04-27
No. 3D15-2228
Before SUAREZ, C.J., and SHEPHERD and SALTER, JJ.
193 So. 3d 48 Florida District Court of Appeal, Third District (2016) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the order denying the defendant’s motion for re-sentencing following Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). But see Howard v. State, 180 So.3d 1135 (Fla. 2d DCA 2015) (Altenbemd, J., concurring); Atwell v. State, 128 So.3d 167 (Fla. 4th DCA 2013), review granted 160 So.3d 892 (Fla.2014).


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    …responses may be scant evidence on these issues, it is nevertheless sufficient evidence to raise issues of fact so as preclude entry of final summary judgment in favor of SecureAlert on any of these three grounds. See Piedra v. City of N. Bay Vill., 193 So. 3d 48, 51 (Fla. 3d DCA 2016) ("If the record on appeal reveals the merest possibility of genuine issues of material fact, or even the slightest doubt in this respect, the summary judgment must be reversed."); Carnes v. Fender, 936 So. 2d 11, 14 (Fla. 4th…
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