OTHLONE RUSS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the case must be remanded for the trial court to apply the resentencing provisions for juvenile non-homicide offenders.
Othlone Russ appealed the summary denial of his postconviction motion concerning his sentence. The State conceded that the case should be remanded for…
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Othlone Russ appeals the summary denial of his postconviction motion under Florida Rule of Criminal Procedure 3.850. His claim addresses the constitutionality of his sentence following United States Supreme Court and Florida decisions relating to juvenile non-homicide offenders. See, e.g., Henry v. State, 175 So.3d 675 (Fla. 2015).
We directed the State to file an answer brief in the present case, and the State has conceded that this case should be remanded for consideration of the resentencing provisions of chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes. The State has requested that this case be held in abeyance, however, pending resolution of Franklin v. State, No. SC14-1442, in the Florida Supreme Court.1
As we did in Miller v. State, 208 So.3d 834 (Fla. 3d DCA 2017), and Ortiz v. State, 225 So.3d 309 (Fla. 3d DCA July 19, 2017), we reverse and remand with direction that the trial court is to apply the resentencing provisions identified above. We acknowledge that the State has sought discretionary review of Miller2 and that the Florida Supreme Court has stayed proceedings in that case pending disposition of Franklin. We decline to abate this appeal, but do so recognizing that the State may seek review and a stay, as in Miller, in the Florida Supreme Court pending disposition of Franklin.
Reversed and remanded for resentenc-ing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Leighdon Henry v. State, 175 So. 3d 675 (Fla. 2015)
- Miller v. State, 208 So. 3d 834 (Fla. 3d DCA 2017)
- Fidel Perez Goni v. State, 141 So. 3d 210 (Fla. 3d DCA 2014)
- Franklin v. State, 141 So. 3d 210 (Fla. 1st DCA 2014)
- Ortiz v. State, 225 So. 3d 309 (Fla. 3d DCA 2017)