Florida District Courts of Appeal, 2015

Rembert v. State

Rembert v. State
Florida District Courts of Appeal · Decided October 26, 2015 · Kelsey, Thomas, Wolf
177 So. 3d 101; 2015 Fla. App. LEXIS 15910; 2015 WL 6449384 (Southern Reporter, Third Series)

Rembert v. State

Opinion of the Court

PER CURIAM.

AFFIRMED. See Atwell v. State, 128 So.3d 167 (Fla. 4th DCA 2013) (“Appellant was not sentenced to life without the possibility of parole for his murder conviction. The sentencing scheme in place at the time of appellant’s offense did not require a mandatory sentence of life without parole for the murder. Miller [v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012)] is inapplicable, and appellant would not be entitled to relief even if Miller applies retroactively.”) (emphasis in original), review granted, 160 So.3d 892 (Fla. 2014).

WOLF, THOMAS, and KELSEY, JJ., concur.

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