Florida District Courts of Appeal, 2016

Mario Bellamy v. State

Mario Bellamy v. State
Florida District Courts of Appeal · Decided September 30, 2016 · Sawaya, Palmer, Orfinger
200 So. 3d 1285; 2016 Fla. App. LEXIS 14620; 41 Fla. L. Weekly Fed. D 2244 (Southern Reporter, Third Series)

Mario Bellamy v. State

Opinion

ON MOTION TO LIFT STAY AND WITHDRAW OPINION

PER CURIAM.

Mario Bellamy sought to correct his life sentence following Miller v. Alabama, — U.S. —, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), for a homicide committed while he was a juvenile. The trial court denied his motion for postconviction relief, finding that Miller did not apply retroactively to his sentence. This Court affirmed the trial court’s order. Bellamy v. State, 166 So.3d 802 (Fla. 5th DCA 2015). However, we stayed issuance of the mandate pending the outcome of Falcon v. State, 162 So.3d 954 (Fla. 2015), which was before the Florida Supreme Court. In that case, the supreme court held that Miller applied retroactively and eligible juvenile offenders seeking relief should be sentenced in conformance with Florida’s new sentencing scheme, chapter 2014-220 Laws of Florida. Falcon, 162 So.3d at 963-64.

*1286 Therefore, we lift the stay, withdraw our earlier affirmance and reverse and remand this matter to the trial court for further consideration consistent with the holding in Falcon.

REVERSED and REMANDED.

SAWAYA, PALMER and ORFINGER, JJ., concur.

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