Baker v. State

138 So. 3d 1175, 2014 WL 2116536, 2014 Fla. App. LEXIS 7694
District Court of Appeal of Florida·Decided May 21, 2014·No. No. 2D13-3251·Published·Cited by 4 cases

Opinion

PER CURIAM.

Desmond Baker appeals the order summarily denying his motion filed under Florida Rule of Criminal Procedure 3.850. Because Baker received a mandatory sentence of life without the possibility of parole for a first-degree murder he committed when he was fifteen years old, we reverse the postconviction court’s order summarily denying his motion and remand the case for further proceedings consistent with Miller v. Alabama, — U.S.—, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), and Toye v. State, 133 So.3d 540 (Fla. 2d DCA 2014).

NORTHCUTT, CASANUEYA, and KELLY, JJ., Concur.

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Baker v. State, 138 So. 3d 1175, 2014 WL 2116536, 2014 Fla. App. LEXIS 7694 (Fla. Ct. App. 2014).

138 So. 3d 1175 (Baker v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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