Third District Court of Appeal
State of Florida
Opinion filed December 21, 2016.
Not final until disposition of timely filed motion for rehearing.
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No. 3D15-2492
Lower Tribunal No. 72-8754
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Ricardo Miller,
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, Maria Elena Verde, Judge.
Ricardo Miller, in proper person.
Pamela Jo Bondi, Attorney General, and Linda S. Katz, Assistant Attorney
General, for appellee.
Before SHEPHERD, LAGOA and FERNANDEZ, JJ.
ON MOTION FOR REHEARING
PER CURIAM.
This cause is before us on Ricardo Miller’s Motion for Rehearing. We deny
the motion for rehearing, but withdraw our May 4, 2016 opinion and substitute this
opinion in its place.
Miller appeals the trial court’s September 16, 2015 order denying his
3.850(b)(2) motion for post-conviction relief, arguing he is entitled to resentencing
in conformance with chapter 2014-220, Laws of Florida, which has been codified
in sections 775.082, 921.1401, and 921.1402, Florida Statutes. We reverse and
remand.
Miller was found guilty of first-degree murder following a jury trial and in
1973 was sentenced to life in prison without parole. Miller claims he should be
resentenced because he was a juvenile at the time he committed the crime. Based
on our recent decision in Neely v. State, No. 3D14-1052 (Fla. 3d DCA Nov. 30,
2016), Miller is entitled to judicial review of his sentence.
We therefore reverse Miller’s first-degree murder sentence and remand to
the trial court for the appropriate resentencing under section 775.082(1)(b)(1),
Florida Statutes (2016), section 921.1401, Florida Statutes (2014), and section
921.1402, Florida Statutes (2015).
Reversed and remanded with directions.
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