DARA G. OSTANE
v.
STATE
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Dara Ostane appeals a trial court order that granted judicial review of his 2001 manslaughter sentence but modified the sentence without holding a resentencing hearing. The appellate court agrees that Ostane, who was a juvenile offender, is entitled to meaningful consideration for early release under recent constitutional precedents, but the trial court erred by modifying the sentence without first conducting a resentencing hearing.
The trial court correctly recognized that Ostane was entitled to judicial review based on recent constitutional precedent, but erred when it modified his sentence without first holding a resentencing hearing. The case is remanded for the trial court to conduct a resentencing hearing.
[1] Where a juvenile offender seeks resentencing based on recent constitutional and statutory changes limiting lengthy sentences for juveniles, the trial court must conduct a…
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Join FLexlaw to unlock all legal intelligenceOstane was seventeen years old when he committed manslaughter in 2001 and was sentenced to thirty years in prison. The appellate court had previously …
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PER CURIAM.
In consideration of Dara Ostane's March 12, 2018 motion for rehearing, we grant the requested relief, withdraw our prior opinion, and substitute this opinion in its stead.
Dara Ostane appeals the trial court's order granting in part and denying in part his "Motion for Resentencing in Compliance with chapter 2014-220, Laws of Florida," filed pursuant to Florida Rule of Criminal Procedure 3.800. On appeal, Ostane argues that the trial court erred when it modified his sentence without holding a resentencing hearing. We agree and remand for resentencing.
In 2001, Ostane pled guilty to manslaughter and was sentenced to thirty years in prison, which we affirmed on appeal. See Ostane v. State, 819 So. 2d 793 (Fla. 5th DCA 2002). Ostane was seventeen years old at the time of the offense. Based on recent decisions, Ostane is entitled to receive "an opportunity for early release that is meaningful, based on a demonstration of maturity and rehabilitation, and during his or her natural life."
Johnson v. State, 215 So. 3d 1237 (Fla. 2017); see also Graham v. Florida, 560 U.S. 48 (2010); Morris v. State, 43 Fla. L. Weekly S223 (Fla. May 10, 2018); Kelsey v. State, 206 So. 3d 5 (Fla. 2016); Katwaroo v. State, 237 So. 3d 446 (Fla. 5th DCA 2018); Montgomery v. State, 230 So. 3d 1256 (Fla. 5th DCA 2017); Davis v. State, 230 So. 3d 487 (Fla. 5th DCA 2017); Burrows v. State, 219 So. 3d 910 (Fla. 5th DCA 2017); Tyson v. State, 199 So. 3d 1087 (Fla. 5th DCA 2016).
The trial court correctly held that Ostane was entitled to judicial review. However, the trial court erred when it held that Ostane was not entitled to resentencing. We have stated, "[I]t [is] error for the trial court to amend the sentence to provide for a review hearing without first conducting a resentencing hearing." Katwaroo, 237 So. 3d at 447 (citing Davis, 230 So. 3d at 487); see also Morris, Fla. L. Weekly S223; Kelsey, 206 So. 3d at 11. Accordingly, we affirm in part, reverse in part, and remand for the trial court to hold a resentencing hearing.
AFFIRMED in Part; REVERSED in Part; and REMANDED.
TORPY, WALLIS and EDWARDS, JJ., concur.
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Dara G. Ostane v. State, 245 So. 3d 1022 (Fla. 5th DCA 2018)…n it modified his sentence without holding a resentencing hearing. We agree and remand for resentencing. In 2001, Ostane pled guilty to manslaughter and was sentenced to thirty years in prison, which we affirmed on appeal. See Ostane v. State, 819 So. 2d 793 (Fla. 5th DCA 2002). Ostane was seventeen years old at the time of the offense. Based on recent decisions, Ostane is entitled to receive "an opportunity for early release that is meaningful, based on a demonstration of maturity and rehabilitation…
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Dara G. Ostane v. State, 245 So. 3d 1022 (Fla. 5th DCA 2018)…when it modified his sentence without holding a resentencing hearing. We agree and remand for resentencing. In 2001, Ostane pled guilty to manslaughter and was sentenced to thirty years in prison, which we affirmed on appeal. See Ostane v. State, 819 So. 2d 793 (Fla. 5th DCA 2002). Ostane was seventeen years old at the time of the offense. Based on recent decisions, Ostane is entitled to receive "an opportunity for early release that is meaningful, based on a demonstration of maturity and rehabilitation, a…
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Ostane v. State, 255 So. 3d 859 (Fla. 5th DCA 2018)
Authorities Cited
- Kelsey v. State, 206 So.3d 5 (Fla. 2016)
- Jessy J. Burrows v. State, 219 So. 3d 910 (Fla. 5th DCA 2017)
- Johnson v. State, 215 So. 3d 1237 (Fla. 2017)
- Darrius Montgomery v. State, 230 So. 3d 1256 (Fla. 5th DCA 2017)
- Deryck Lee Katwaroo v. State, 237 So. 3d 446 (Fla. 5th DCA 2018)
- Davis v. State, 230 So. 3d 487 (Fla. 5th DCA 2017)
- Tyson v. State, 199 So. 3d 1087 (Fla. 5th DCA 2016)
- Dara G. Ostane v. State, 245 So. 3d 1022 (Fla. 5th DCA 2018)