NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
JAMES E. WELLS, )
)
Appellant, )
)
v. ) Case No. 2D15-5618
)
STATE OF FLORIDA, )
)
Appellee. )
___________________________________)
Opinion filed January 20, 2017.
Appeal pursuant to Fla. R. App. P.
9.141(b)(2) from the Circuit Court
for Highlands County; James A. Yancey,
Judge.
James E. Wells, pro se.
PER CURIAM.
James E. Wells appeals the order summarily denying his motion for
postconviction relief filed under Florida Rule of Criminal Procedure 3.850(b)(2). We
reverse and remand for resentencing pursuant to the Florida Supreme Court's decision
in Atwell v. State, 197 So. 3d 1040, 1050 (Fla. 2016). In Atwell, the supreme court
concluded that Florida's existing parole system does not provide the individualized
sentencing consideration required by Miller v. Alabama, 132 S. Ct. 2455 (2012), for a
juvenile offender sentenced to life imprisonment with parole eligibility after twenty-five
years. Id.; see also Hixon v. State, 41 Fla. L. Weekly D2594 (Fla. 2d DCA Nov. 18,
2016); Landy v. State, 41 Fla. L. Weekly D2555 (Fla. 2d DCA Nov. 16, 2016); Michel v.
State, 41 Fla. L. Weekly D2525 (Fla. 4th DCA Nov. 9, 2016). On remand, Mr. Wells is
entitled to resentencing pursuant to sections 775.082, 921.1401, and 921.1402, Florida
Statutes.
Reversed and remanded.
CASANUEVA, WALLACE, and MORRIS, JJ., Concur.
-2-
Wells v. State
Combined Opinion