Florida District Courts of Appeal, 2014

Taylor v. State

Taylor v. State
Florida District Courts of Appeal · Decided December 3, 2014 · Khouzam, Northcutt, Crenshaw
151 So. 3d 1273; 2014 Fla. App. LEXIS 19620; 2014 WL 6790034 (Southern Reporter, Third Series)

Taylor v. State

Opinion

KHOUZAM, Judge.

Rashad Taylor appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In 2007, Taylor pleaded guilty to the charge of first-degree murder — a crime he committed when he was seventeen years old — and received a mandatory sentence of life without the possibility of parole. In Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), the United States Supreme Court held that such a sentence is unconstitutional. And in Toye v. State, 133 So.3d 540 (Fla. 2d DCA 2014), this court determined that the holding in Miller applies retroactively. Accordingly, we reverse the order summarily denying Taylor’s motion and remand for further proceedings consistent with Miller and Toye. See Baker v. State, 138 So.3d 1175 (Fla. 2d DCA 2014); Landrum v. State, 133 So.3d 601 (Fla. 2d DCA 2014). We again certify conflict with Geter v. State, 115 So.3d 375 (Fla. 3d DCA 2013); Gonzalez v. State, 101 So.3d 886 (Fla. 1st DCA 2012); and Falcon v. State, 111 So.3d 973 (Fla. 1st DCA), review granted, 137 So.3d 1019 (Fla. 2013). See Burton v. State, 148 So.3d 541, 542 (Fla. 2d DCA 2014).

Reversed and remanded. Conflict certified.

NORTHCUTT and CRENSHAW, JJ., concur.

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