Rembert v. State

177 So. 3d 101, 2015 Fla. App. LEXIS 15910, 2015 WL 6449384
District Court of Appeal of Florida·Decided October 26, 2015·No. No. 1D15-3047·Published

Opinion

PER CURIAM.

AFFIRMED. See Atwell v. State, 128 So.3d 167 (Fla. 4th DCA 2013) (“Appellant was not sentenced to life without the possibility of parole for his murder conviction. The sentencing scheme in place at the time of appellant’s offense did not require a mandatory sentence of life without parole for the murder. Miller [v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012)] is inapplicable, and appellant would not be entitled to relief even if Miller applies retroactively.”) (emphasis in original), review granted, 160 So.3d 892 (Fla.2014).

WOLF, THOMAS, and KELSEY, JJ., concur.

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Rembert v. State, 177 So. 3d 101, 2015 Fla. App. LEXIS 15910, 2015 WL 6449384 (Fla. Ct. App. 2015).

177 So. 3d 101 (Rembert v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Miller v. Alabama
132 S. Ct. 2455 (Supreme Court, 2012)
Atwell v. State
128 So. 3d 167 (District Court of Appeal of Florida, 2013)