ROGYNE O'NEAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed the trial court's denial of O'Neal's motion to correct his life sentence for juvenile murder, holding that Miller v. Alabama applies retroactively and that O'Neal is entitled to resentencing for both his murder and robbery convictions committed as a juvenile.
Life sentences without parole for juvenile homicide offenders are unconstitutional under Miller v. Alabama and apply retroactively, entitling O'Neal to resentencing.
[1] A defendant sentenced to life imprisonment without parole for a homicide committed as a juvenile is entitled to resentencing under Miller v. …
[2] A defendant whose original sentence violated Graham v. …
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Join FLexlaw to unlock all legal intelligenceRogyne O'Neal committed murder in 2001 as a juvenile and received a life sentence without parole, plus a forty-five year sentence for an accompanying …
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We withdraw our previously issued opinion and substitute the following in its place.
We reverse the trial court’s order denying Rogyne O’Neal’s motion to correct his life sentence for a murder he committed as a juvenile in 2001. In Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 2469, 183 L.Ed.2d 407 (2012), the Supreme Court held that life sentences (without the possibility of parole) for juvenile homicide offenders were unconstitutional. This court held in Cotto v. State, 141 So.3d 615, 617 (Fla. 4th DCA 2014), and the Florida Supreme Court held in Falcon v. State, 162 So.3d 954, 962 (Fla. 2015), that Miller applies retroactively.
We additionally reverse O’Neal’s sentence of forty-five years’ imprisonment for the robbery he committed as a juvenile. See Kelsey v. State, 206 So.3d 5 (Fla. 2016) (“[A] defendant whose original sentence violated Graham v. Florida, 560 U.S. 48, [130 S.Ct. 2011, 176 L.Ed.2d 825] (2010), and who was subsequently resentenced prior to July 1, 2014, [is] entitled to be resentenced pursuant to the provisions of chapter 2014-220, Laws of Florida[.]” (first and third alterations added)).
As properly conceded by the state, O’Neal is entitled to a new sentencing hearing.
We find no merit in the remaining issues raised on appeal.
Reversed and remanded.
Ciklin, C.J., Warner and Klingensmith, JJ., concur.
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Citator
Cited By
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Noelson Andrevil v. State, 226 So. 3d 867 (Fla. 4th DCA 2017)
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)
- Kelsey v. State, 206 So.3d 5 (Fla. 2016)
- Cotto v. State, 141 So. 3d 615 (Fla. 4th DCA 2014)