ROOSEVELT KIRK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed the trial court's summary denial of postconviction relief and remanded for determination of whether the appellant was a juvenile at the time of the offense, as the trial court's reliance on a quashed precedent was improper.
A trial court's summary denial of a Rule 3.850 motion based on a precedent that was subsequently quashed by the Florida Supreme Court must be reversed and the case remanded for resentencing consideration if the appellant was a juvenile at the time of the offense.
[1] A trial court's postconviction relief decision based on precedent subsequently quashed by the Florida Supreme Court must be reversed and remanded for reconsideration unde…
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Join FLexlaw to unlock all legal intelligence“In light of the Florida Supreme Court's precedent in Atwell, Appellant appears to be entitled to resentencing on the first-degree murder conviction.”
The court explaining why reversal was warranted based on the quashed precedent.
Roosevelt Kirk appealed a trial court's summary denial of his postconviction relief motion brought under Florida Rule of Criminal Procedure 3.850 for …
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We reverse the order denying Appellant’s motion for postconviction relief brought pursuant to Florida Rule of Criminal Procedure 3.850. In summarily denying Appellant’s claim, the trial court relied on Atwell v. State, 128 So.3d 167 (Fla. 4th DCA 2013), which was quashed by the Florida Supreme Court during the pen-dency of this appeal. See Atwell v. State, 197 So.3d 1040, 1050 (Fla. 2016). In light of the Florida Supreme Court’s precedent in Atwell, Appellant appears to be entitled to resentencing on the first-degree murder conviction. See Atwell, 197 So.3d at 1050.
On appeal, the State argues that it is not apparent from the record whether Appellant was actually a juvenile at the time of the offense. The record on appeal does not contain any documents pertaining to this issue. Therefore, we remand for the trial court to conduct such proceedings as are necessary to determine whether Appellant was a juvenile at the time of the offense. If the trial court determines that Appellant was a juvenile at the time of the offense, he should be resentenced in conformance with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes. See Atwell v. State, 197 So.3d at 1050; Woods v. State, 2016 WL 7217231 (Fla. Dec. 13, 2016).
REVERSED and REMANDED with instructions.
ROBERTS, C.J., LEWIS, and RAY, JJ., CONCUR.
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Kirk v. State (Fla. 1st DCA 2022)…017, this Court reversed the denial of one of his postconviction motions based on Atwell v. State, 197 So. 3d 1040, 1041 (Fla. 2016), which held that a life sentence with the possibility of parole is unconstitutional under Miller. See Kirk v. State, 210 So. 3d 769, 769 (Fla. 1st DCA 2017).* On remand, the postconviction court granted resentencing. In 2018, a resentencing hearing was held. Both sides submitted records, including Kirk’s prior statements, a 1997 letter to the trial court arguing that Kirk shoul…
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Kirk v. Dixon (N.D. Fla. 2024)…pplies only to sentences involving life without the possibility of parole." Doc. 7-4 at 27 (emphasis in original). Kirk appealed, and the First District Court of Appeal ("First DCA") reversed the circuit court's denial of relief. See Kirk v. State, 210 So. 3d 769, 769 (Fla. 1st DCA Feb. 16, 2017). The First DCA did so because the circuit court relied on the ² As discussed in detail herein, in Miller, the United States Supreme Court held that the Eighth Amendment prohibits a mandatory sentence of life withou…
Authorities Cited
- Atwell v. State, 197 So. 3d 1040 (Fla. 2016)
- Atwell v. State, 128 So. 3d 167 (Fla. 4th DCA 2013)