STATE
v.
BRADLEY
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The trial court properly ordered resentencing under Florida Rule of Criminal Procedure 3.800(a) in accordance with Miller v. Alabama and Atwell v. State.
[1] A trial court may order resentencing pursuant to Florida Rule of Criminal Procedure 3.800(a) when required by Miller v. …
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Join FLexlaw to unlock all legal intelligenceRay Bradley was convicted and sentenced in Miami-Dade County. The trial court issued an order requiring resentencing pursuant to Rule 3.800(a) and app…
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Third District Court of Appeal State of Florida Opinion filed May 30, 2018. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D17-726 Lower Tribunal No. 72-722882 ________________ The State of Florida, Appellant, vs. Ray Bradley, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Miguel M. De La O, Judge. Pamela Jo Bondi, Attorney General, and Nikole Hiciano, Assistant Attorney General, for appellant. Carlos J. Martinez, Public Defender, and Jonathan Greenberg, Assistant Public Defender, for appellee. Holland & Knight and Frances Guasch De La Guardia; Miriam Ramos, City Attorney, for City of Coral Gables, as amicus curiae. Before ROTHENBERG, C.J., and SUAREZ and SALTER, JJ.
PER CURIAM.
We affirm the order below requiring resentencing pursuant to Florida Rule of Criminal Procedure 3.800(a), Miller v. Alabama, 567 U.S. 460 (2012), and Atwell v. State, 197 So. 3d 1040 (Fla. 2016). As requested by the State, we acknowledge pipeline eligibility in the Florida Supreme Court based on that Court’s pending decision in State v. Michel, No. SC16-2187 (order accepting jurisdiction, Jan. 18, 2017). Affirmed. 2
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Authorities Cited
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Atwell v. State, 197 So. 3d 1040 (Fla. 2016)