Max Lee Brazley v. The State of Florida
This text of Max Lee Brazley v. The State of Florida (Max Lee Brazley v. The State of Florida) 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.
Opinion
Third District Court of Appeal State of Florida
Opinion filed January 17, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-432 Lower Tribunal No. F96-6088B ________________
Max Lee Brazley, Appellant,
vs.
The State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Laura Shearon Cruz, Judge.
Max Lee Brazley, in proper person.
Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.
Before FERNANDEZ, SCALES and HENDON, JJ.
FERNANDEZ, J. Max Lee Brazley appeals the trial court order denying his motion, filed
pursuant to Florida Rule of Criminal Procedure 3.802, seeking a sentence
review. Although the trial court mistakenly denied the motion as successive
without record support, we affirm.
On June 1, 1998, Brazley pled guilty to various offenses, including a
reduced charge of second degree murder, attempted armed robbery, use of
a firearm during the commission of a felony, and possession of a firearm by
a person previously adjudicated delinquent. In exchange for the guilty plea,
Brazley was sentenced to 40 years in state prison in a general sentence.
The sentence was later corrected to reflect a specific sentence for each
count.
In his most recent motion before the trial court, Brazley claims
entitlement to sentence review based on section 921.1402, Florida Statutes
(2023). He claims that because he was a juvenile at the time of the crime, he
is entitled to review of the 40-year sentence imposed for a crime that he
committed as a juvenile offender. However, section 921.1402 does not apply
to Brazley. See § 921.1402(1), Fla. Stat. (2023) (“For purposes of this
section, the term ‘juvenile offender’ means a person sentenced to
imprisonment in the custody of the Department of Corrections for an offense
2 committed on or after July 1, 2014, and committed before he or she attained
18 years of age.”)
Although there are a limited number of cases to which sentence review
may apply for offenses committed before July 1, 2014, Brazley’s is not one
of them. See Brown v. State, 314 So. 3d 380 (Fla. 3d DCA 2020); Pedroza
v. State, 291 So. 3d 541 (Fla. 2020).
Affirmed.
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