Florida District Courts of Appeal, 2016

Cobb v. State

Cobb v. State
Florida District Courts of Appeal · Decided September 14, 2016 · Fernandez, Lagoa, Shepherd
202 So. 3d 885; 2016 Fla. App. LEXIS 13788 (Southern Reporter, Third Series)

Cobb v. State

Opinion of the Court

PER CURIAM.

We affirm the trial court’s order denying Appellant Charles Cobb’s (“Cobb”) motion for post-conviction relief. Such affirmance is without prejudice, however, to Cobb filing an appropriate motion in the trial court to raise the legality of his sentence in light of Atwell v. State, 197 So.3d 1040, 41 Fla. L. Weekly S244, 2016 WL 3010795 (Fla. May 26, 2016), Montgomery v. Louisiana, — U.S. —, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016), as revised (Ján. 27, 2016), arid Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). We affirm all other components of the trial court’s order without further discussion.

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