BUDRY MICHEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We reverse the order denying appellant’s motion for postconviction relief and remand for resentencing pursuant to Atwell v. State, 197 So.3d 1040 (Fla.2016). We also certify conflict with the Fifth District Court of Appeal. We respectfully disagree with Stallings v. State, 198 So.3d 1081 (Fla. 5th DCA 2016), and Williams v. State, 198 So.3d 1084 (Fla. 5th DCA 2016), to the extent that those decisions suggest that relief under Atwell is dependent on the defendant’s presumptive parole release date.
Our reading of the Florida Supreme Court’s decision in Atwell ⅛ that Florida’s existing parole system does not provide the individualized sentencing consideration required by Miller v. Alabama, — U.S. —, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). Thus, as in Atwell, appellant is entitled to be resentenced pursuant to the sentencing provisions enacted in Chapter 2014-220, Laws of Florida. Atwell, 197 So.3d at 1050.
Reversed and remanded for resentenc-ing.
CIKLIN, C.J., WARNER and DAMOORGIAN, JJ., concur.
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State v. Budry Michel, 257 So. 3d 3 (Fla. 2018)…POLSTON, J. We review the decision of the Fourth District Court of Appeal in Michel v. State , 204 So. 3d 101 (Fla. 4th DCA 2016), in which the Fourth District certified that its decision conflicts with the decisions of the Fifth District Court of Appeal in Stallings v. State , 198 So. 3d 1081 (Fla. 5th DCA 2016), and Williams v. State , 198 So. 3d 1084 (Fl…1 / 2
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Wells v. State, 208 So. 3d 1235 (Fla. 2d DCA 2017)…isonment with parole eligibility after twenty-five years. Id.; see also Hixon v. State, 41 Fla. L. Weekly D2594, 205 So. 3d 834 (Fla. 2d DCA 2016); Landy v. State, 41 Fla. L. Weekly D2555, 205 So. 3d 801 (Fla. 2d DCA Nov. 16, 2016); Michel v. State, 204 So. 3d 101 (Fla. 4th DCA 2016). On remand, Mr. Wells is entitled to resentenc-ing pursuant to sections 775.082, 921.1401, and 921.1402, Florida Statutes. Reversed and remanded. CASANUEVA, WALLACE, and MORRIS, JJ., Concur.…
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Stokes v. State, 231 So. 3d 464 (Fla. 4th DCA 2017)…in Chapter 2014-220, Laws of Florida. Atwell, 197 So. 3d at 1050; Lawton, 181 So. 3d at 453.1 We disagree with the State’s argument that defendant’s entitlement to relief under Atwell depends on his presumptive parole release date. Michel v. State, 204 So. 3d 101 (Fla. 4th DCA 2016) (certifying conflict with Stallings v. State, 198 So. 3d 1081 (Fla. 5th DCA 2016), and Williams v. State, 198 So. 3d 1084 (Fla. 5th DCA 2016)). Reversed and remanded for resentenc-ing. Gross, May and Levine, JJ., concur. , As…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Atwell v. State, 197 So. 3d 1040 (Fla. 2016)
- Jackson Stallings v. State, 198 So. 3d 1081 (Fla. 5th DCA 2016)
- Williams v. State, 198 So. 3d 1084 (Fla. 5th DCA 2016)
- M.M. v. State, 207 So. 3d 257 (Fla. 5th DCA 2016)