ANDRE ROBINSON
v.
STATE

Fla. 5th DCA | 2018-07-23
No. 5D17-1801
249 So. 3d 791 Florida District Court of Appeal, Fifth District (2018) Positive Treatment
Also reported at: 43 Fla. L. Weekly D1538
Cited by 1 case

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Holding

A juvenile offender sentenced to more than 20 years is entitled to a judicial review hearing after 20 years to allow for the possibility of early release.


Headnotes

[1] A juvenile offender sentenced to a term longer than 20 years is entitled by statute to a judicial review hearing after 20 years to determine the possibility of early rele…

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Key Quotes

“all juvenile offenders whose sentences meet the standard defined by the Legislature in chapter 2014–220, a sentence longer than twenty years, are entitled to judicial review”

Court cited Kelsey v. State for the proposition that juvenile offenders with sentences exceeding 20 years have statutory entitlement to judicial review.

Facts & Procedural History

Andre Robinson, age 16 at the time of the offenses, was convicted of manslaughter with a firearm and robbery with a weapon and received concurrent 22-…

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Opinion of the Court

PER CURIAM. Andre Robinson appeals his sentences for manslaughter with a firearm1 and robbery with a weapon,2 imposed after his entry of a no contest plea. Robinson

committed these crimes when he was sixteen years of age. We affirm the concurrent twenty-two-year prison sentences imposed by the trial court, but reverse in part and remand for resentencing solely to provide for a judicial review hearing after twenty years to allow for the possibility of early release. See Kelsey v. State, 206 So. 3d 5, 8 (Fla.

2016) (“[A]ll juvenile offenders whose sentences meet the standard defined by the

Legislature in chapter 2014–220, a sentence longer than twenty years, are entitled to judicial review.”); see also Dinnall v. State, 43 Fla. L. Weekly D1538 (Fla. 5th DCA July

6, 2018); Montgomery v. State, 230 So. 3d 1256, 1263 (Fla. 5th DCA 2017); Burrows v.

State, 219 So. 3d 910, 911 (Fla. 5th DCA 2017).

AFFIRMED, in part; REVERSED, in part; and REMANDED with instructions.

TORPY, EVANDER and EDWARDS, JJ., concur.

Footnotes
1 §§ 775.087(1)(b), 782.07(1), Fla. Stat. (2015). 2 § 812.13(2)(b), Fla. Stat. (2015).

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