Rembert v. State

District Court of Appeal of Florida

Rembert v. State

177 So. 3d 101, 2015 Fla. App. LEXIS 15910, 2015 WL 6449384

CourtDistrict Court of Appeal of Florida

DecidedOctober 26, 2015

DocketNo. 1D15-3047

StatusPublished

This text of 177 So. 3d 101 (Rembert 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.

Bluebook

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

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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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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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Bluebook (online)

177 So. 3d 101, 2015 Fla. App. LEXIS 15910, 2015 WL 6449384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rembert-v-state-fladistctapp-2015.

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