Mario Bellamy v. State

200 So. 3d 1285, 2016 Fla. App. LEXIS 14620, 41 Fla. L. Weekly Fed. D 2244

Opinion

ON MOTION TO LIFT STAY AND WITHDRAW OPINION

PER CURIAM.

Mario Bellamy sought to correct his life sentence following Miller v. Alabama, — U.S. —, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), for a homicide committed while he was a juvenile. The trial court denied his motion for postconviction relief, finding that Miller did not apply retroactively to his sentence. This Court affirmed the trial court’s order. Bellamy v. State, 166 So.3d 802 (Fla. 5th DCA 2015). However, we stayed issuance of the mandate pending the outcome of Falcon v. State, 162 So.3d 954 (Fla.2015), which was before the Florida Supreme Court. In that case, the supreme court held that Miller applied retroactively and eligible juvenile offenders seeking relief should be sentenced in conformance with Florida’s new sentencing scheme, chapter 2014-220 Laws of Florida. Falcon, 162 So.3d at 963-64.

Therefore, we lift the stay, withdraw our earlier affirmance and reverse and remand this matter to the trial court for further consideration consistent with the holding in Falcon.

REVERSED and REMANDED.

SAWAYA, PALMER and ORFINGER, JJ., concur.