HERMAN SHAW v. STATE OF FLORIDA

District Court of Appeal of Florida·Decided September 1, 2021·No. 21-1859·Published

Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

HERMAN SHAW, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D21-1859

[September 1, 2021]

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Tim Bailey, Judge; L.T. Case No. 96-023020CF10A.

Herman Shaw, Avon Park, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed. Graham v. Florida, 560 U.S. 48 (2010), and Miller v. Alabama, 567 U.S. 460 (2012), do not apply to offenders eighteen years of age or older at the time of the offense. Jean-Michel v. State, 96 So. 3d 1043, 1045 (Fla. 4th DCA 2012).

DAMOORGIAN, LEVINE and ARTAU, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.

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Related

Miller v. Alabama
132 S. Ct. 2455 (Supreme Court, 2012)
Jean-Michel v. State
96 So. 3d 1043 (District Court of Appeal of Florida, 2012)