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204 So. 3d 101

Michel v. State

District Court of Appeal of Florida

Decided November 9, 2016

District Court of Appeal of Florida · decided 2016-11-09

Relies on Miller v. Alabama · 197 So. 3d 1040 - Angelo Atwell v. State of Florida · Jackson Stallings v. State

Decided 2016-11-09

PER CURIAM.

¶1We reverse the order denying appellant’s motion for postconviction relief and remand for resentencing pursuant to Atwell v. State, 197 So.3d 1040 (Fla.2016). We also certify conflict with the Fifth District Court of Appeal. We respectfully disagree with Stallings v. State, 198 So.3d 1081 (Fla. 5th DCA 2016), and Williams v. State, 198 So.3d 1084 (Fla. 5th DCA 2016), to the extent that those decisions suggest that relief under Atwellis dependent on the defendant’s presumptive parole release date.

¶2Our reading of the Florida Supreme Court’s decision in Atwell⅛ that Florida’s existing parole system does not provide the individualized sentencing consideration required by Miller v. Alabama, — U.S. —, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). Thus, as in Atwell, appellant is entitled to be resentenced pursuant to the sentencing provisions enacted in Chapter 2014-220, Laws of Florida. Atwell, 197 So.3d at 1050.

¶3Reversed and remanded for resentenc-ing.

CIKLIN, C.J., WARNER and DAMOORGIAN, JJ., concur.
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