Figueroa v. State

District Court of Appeal of Florida

Figueroa v. State

139 So. 3d 964, 2014 WL 2766759, 2014 Fla. App. LEXIS 8621

CourtDistrict Court of Appeal of Florida

DecidedJune 6, 2014

DocketNo. 2D13-1862

StatusPublished

Cited by1 cases

This text of 139 So. 3d 964 (Figueroa v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Figueroa v. State, 139 So. 3d 964, 2014 WL 2766759, 2014 Fla. App. LEXIS 8621 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

Juan D. Figueroa appeals the order denying his motion to set aside or correct illegal sentence filed under Florida Rules of Criminal Procedure 3.800(a) and 3.850(b)(2). In his motion, Figueroa correctly argued that his mandatory life sentence without parole for first-degree felony murder is illegal under Miller v. Alabama, - U.S. -, -, 132 S.Ct. 2455, 2469, 183 L.Ed.2d 407 (2012), because he was a minor at the time of the offense. Accordingly, we reverse the postconviction court’s order denying Figueroa’s motion and remand for further proceedings consistent with Toye v. State, 133 So.3d 540 (Fla. 2d DCA 2014).

Reversed and remanded.

KELLY, WALLACE, and CRENSHAW, JJ., Concur.

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PER CURIAM.

Juan D. Figueroa appeals the order denying his motion to set aside or correct illegal sentence filed under Florida Rules of Criminal Procedure 3.800(a) and 3.850(b)(2). In his motion, Figueroa correctly argued that his mandatory life sentence without parole for first-degree felony murder is illegal under Miller v. Alabama, - U.S. -, -, 132 S.Ct. 2455, 2469, 183 L.Ed.2d 407 (2012), because he was a minor at the time of the offense. Accordingly, we reverse the postconviction court’s order denying Figueroa’s motion and remand for further proceedings consistent with Toye v. State, 133 So.3d 540 (Fla. 2d DCA 2014).

Reversed and remanded.

KELLY, WALLACE, and CRENSHAW, JJ., Concur.

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139 So. 3d 964, 2014 WL 2766759, 2014 Fla. App. LEXIS 8621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/figueroa-v-state-fladistctapp-2014.

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