MERLE J. STOKES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Defendant is entitled to resentencing on homicide and non-homicide counts pursuant to statutory changes enacted in 2014.
Defendant sought postconviction relief following sentencing on homicide and non-homicide counts. The trial court denied the motion.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Presumptive Parole Release Date cases and more on FLexlaw
ON MOTION FOR REHEARING/CLARIFICATION
We grant defendant’s motion for clarification, withdraw our previous opinion, and issue the following opinion in its place.
We reverse the order denying defendant’s motion for postconviction relief and remand for resentencing pursuant to Atwell v. State, 197 So.3d 1040 (Fla. 2016), and Lawton v. State, 181 So.3d 452 (Fla. 2015), As to the life sentences imposed on the homicide and non-homicide counts, defendant is entitled to be resentenced pursuant to the sentencing provisions enacted 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Darden Rests., Inc. v. Wildred Ostanne, 255 So. 3d 382 (Fla. 4th DCA 2018)
Authorities Cited
- Atwell v. State, 197 So. 3d 1040 (Fla. 2016)
- Kelsey v. State, 206 So.3d 5 (Fla. 2016)
- Jackson Stallings v. State, 198 So. 3d 1081 (Fla. 5th DCA 2016)
- Budry Michel v. State, 204 So. 3d 101 (Fla. 4th DCA 2016)
- Torrence Lawton v. State, 181 So. 3d 452 (Fla. 2015)
- Williams v. State, 198 So. 3d 1084 (Fla. 5th DCA 2016)
- M.M. v. State, 207 So. 3d 257 (Fla. 5th DCA 2016)