ANGELO STRIPLING, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2016-12-21
No. 3D16-359
Fernandez, J.
209 So. 3d 70 Florida District Court of Appeal, Third District (2016)

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Synopsis

Appellant, a juvenile offender sentenced to life imprisonment for first-degree murder in 1992, is entitled to resentencing under Florida's 2014 sentencing reform legislation that requires judicial review of sentences for juvenile offenders.


Holding

A juvenile offender sentenced to life imprisonment with a mandatory minimum is entitled to judicial review and resentencing under Florida's 2014 sentencing reform statutes.


Headnotes

[1] A juvenile offender sentenced to life imprisonment with a mandatory minimum is entitled to judicial review and resentencing under sections 775.082, 921.1401, and 921.1402…

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Facts & Procedural History

Stripling was convicted of first-degree murder, armed robbery, and shooting a deadly missile into a vehicle in 1992 and sentenced to life with a 25-ye…

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Opinion of the Court
FERNANDEZ, J.

FERNANDEZ, J.

Angelo Stripling appeals the trial court’s order denying his 3.850(b)(2) motion for post-conviction relief, arguing he is entitled to resentencing in conformance with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes. We reverse and remand for resentencing.

Stripling was found guilty of first-degree murder following a jury trial and in 1992 was sentenced to life in prison with a 25-year minimum mandatory. Stripling was also found guilty of armed robbery for which he received a consecutive life sentence with a 3-year minimum mandatory, and was found guilty of shooting a deadly missile into a vehicle for which he received a concurrent 15-year sentence.

*71Stripling appealed his convictions and sentence, and this Court affirmed on February 15, 1995. See Stripling v. State, 664 So.2d 2 (Fla. 3d DCA 1995). Stripling now claims he should be resentenced because he was a juvenile at the time he committed the crime. Based on our recent decision in Neely v. State, no. 3d14-1052 (Fla. 3d DCA Nov. 30, 2016), Stripling is entitled to judicial review of his sentence.

We therefore reverse Stripling’s first-degree murder sentence and remand to the trial court for resentencing under section 775.082(1)(b)(1), Florida Statutes (2016), section 921.1401, Florida Statutes (2014), and section 921.1402, Florida Statutes (2015).

Reversed and remanded with directions.


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