Torres v. State

159 So. 3d 164, 2015 Fla. App. LEXIS 1220, 2015 WL 403650

Opinion

WALLACE, Judge.

Alex Torres appeals an order vacating the order which granted his motion for postconviction relief and, in turn, denied his motion for postconviction relief with regard to his mandatory life sentence for first-degree murder with a deadly weapon. Because Mr. Torres received a mandatory sentence of life without parole for a first-degree murder that he committed when he was seventeen years old, we reverse the postconviction court’s order and remand for further proceedings consistent with Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), and Toye v. State, 133 So.3d 540 (Fla. 2d DCA 2014). See also Taylor v. State, 151 So.3d 1273, (Fla. 2d DCA 2014); Snipes v. State, 150 So.3d 1211 (Fla. 2d DCA 2014); Burton v. State, 148 So.3d 541 (Fla. 2d DCA 2014).

Once again, we certify conflict with Geter v. State, 115 So.3d 375 (Fla. 3d DCA 2012); Gonzalez v. State, 101 So.3d 886 (Fla. 1st DCA 2012); and Falcon v. State, 111 So.3d 973 (Fla. 1st DCA), review granted, 137 So.3d 1019 (Fla.2013). See Burton, 148 So.3d at 542.

Reversed and remanded; conflict certified.

SLEET and LUCAS, JJ., Concur.