Yero v. State

District Court of Appeal of Florida

Yero v. State

217 So. 3d 150, 2017 WL 1177587, 2017 Fla. App. LEXIS 4197

District Court of Appeal of Florida·Decided March 29, 2017·No. No. 3D16-891·Published·Cited by 1 cases

Opinion

FERNANDEZ, J.

Efren Yero appeals the denial of his motion for post-conviction relief, arguing that his sentence of 155 years in prison, with parole, for his commission of a crime at the age of sixteen was the equivalent of a life sentence which must be vacated and entitled him to be resentenced pursuant to sections 775.082, 921.1401, and 921.1402, Florida Statutes. We agree. See Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), Henry v. State, 175 So.3d 675 (Fla. 2015), and Miller v. State, 208 So.3d 834 (Fla. 3d DCA 2017); Carter v. State, No. 3d16-1090, 215 So.3d 125, 2017 WL 1018513 (Fla. 3d DCA March 15, 2017).

Reversed and remanded with directions.

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FERNANDEZ, J.

Efren Yero appeals the denial of his motion for post-conviction relief, arguing that his sentence of 155 years in prison, with parole, for his commission of a crime at the age of sixteen was the equivalent of a life sentence which must be vacated and entitled him to be resentenced pursuant to sections 775.082, 921.1401, and 921.1402, Florida Statutes. We agree. See Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), Henry v. State, 175 So.3d 675 (Fla. 2015), and Miller v. State, 208 So.3d 834 (Fla. 3d DCA 2017); Carter v. State, No. 3d16-1090, 215 So.3d 125, 2017 WL 1018513 (Fla. 3d DCA March 15, 2017).

Reversed and remanded with directions.

Yero v. State, 217 So. 3d 150, 2017 WL 1177587, 2017 Fla. App. LEXIS 4197 (Fla. Ct. App. 2017).

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Opinion

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