Third District Court of Appeal
State of Florida
Opinion filed July 26, 2017.
Not final until disposition of timely filed motion for rehearing.
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No. 3D16-2742
Lower Tribunal Nos. 81-8037-A, 81-12617, 81-12733
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Tyrone Rahmings,
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, Veronica Diaz, Judge.
Tyrone Rahmings, in proper person.
Pamela Jo Bondi, Attorney General, and Nikole Hiciano, Assistant Attorney
General, for appellee.
Before SUAREZ, LAGOA, and FERNANDEZ JJ.
LAGOA, J.
Defendant, Tyrone Rahmings, appeals from the trial court’s order denying
his post-conviction motion filed pursuant to Florida Rule of Criminal Procedure
3.800. Defendant argues that reversal is warranted in light of Atwell v. State, 197
So. 3d 1040 (Fla. 2016). The State concedes that on the face of the motion the
case should be remanded for further proceedings but contends that any remand
should be without prejudice to the trial court conducting an evidentiary hearing to
determine Defendant’s age at the time of the offenses committed in case numbers
F81-8037A, F81-12617, and F81-12733. We agree.
The record reveals a discrepancy exists regarding the Defendant’s correct
date of birth. The arrest affidavit contained in the record shows Defendant’s date
of birth as December 5, 1963. The Florida Department of Corrections, however,
lists Defendant’s date of birth as December 5, 1962. Because the offense dates for
the Defendant’s crimes range from March to May 1981, upon remand, the trial
court shall hold an evidentiary hearing to determine the Defendant’s correct date of
birth and to determine whether Defendant was a juvenile at the time of the
offenses. If Defendant’s date of birth proves to be December 5, 1962, Defendant
would be ineligible for relief under Atwell. However, if Defendant’s date of birth
proves to be December 5, 1963, the trial court shall resentence Defendant pursuant
to the sentencing provisions enacted in chapter 2014-220, Laws of Florida. See
Atwell, 197 So. 3d at 1050.
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Reversed and remanded for evidentiary hearing.
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