Garland v. State
Garland v. State
Opinion
On the court’s own motion, we withdraw our previous opinion dated February 5, 2010, and substitute the following in its place.
Appellant raises a number of issues. We affirm as to all issues but one: whether appellant’s sentence of life in prison for crimes he committed when he was a juvenile violates constitutional prohibitions against cruel and unusual punishment.
In light of the United States Supreme Court’s recent decision in Graham v. Florida, — U.S. -, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), we quash his sentence and remand for resentencing and for appointment of conflict-free counsel.
Affirmed in part; reversed in part; and remanded for further proceedings.
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