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139 So. 3d 964

Figueroa v. State

District Court of Appeal of Florida · decided 2014-06-06

Cited by 1 later decisions — most recently October 2014

1 state decisions

Relies on Miller v. Alabama · Toye v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2014-06-06

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PER CURIAM.

¶1Juan D. Figueroa appeals the order denying his motion to set aside or correct illegal sentence filed under Florida Rules of Criminal Procedure 3.800(a) and 3.850(b)(2). In his motion, Figueroa correctly argued that his mandatory life sentence without parole for first-degree felony murder is illegal under Miller v. Alabama, - U.S. -, -, 132 S.Ct. 2455, 2469, 183 L.Ed.2d 407 (2012), because he was a minor at the time of the offense. Accordingly, we reverse the postconviction court’s order denying Figueroa’s motion and remand for further proceedings consistent with Toye v. State, 133 So.3d 540 (Fla. 2d DCA 2014).

¶2Reversed and remanded.

KELLY, WALLACE, and CRENSHAW, JJ., Concur.
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