BERRY
v.
STATE

Fla. 3d DCA | 2019-03-27
No. 19-0246
Motz, Thacker, Harris
271 So. 3d 143 Florida District Court of Appeal, Third District (2019)

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Holding

A juvenile defendant's sentence of life in prison with parole eligibility after twenty-five years for first-degree murder does not violate the Constitution.


Headnotes

[1] Under State v. …

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Facts & Procedural History

William Berry was convicted of first-degree murder and other non-homicide offenses when he was less than eighteen years old. He was sentenced to life …

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Opinion of the Court

PER CURIAM.

Mr. Berry was convicted of first-degree murder and other non-homicide offenses. He was sentenced to life in prison with the possibly of parole after twenty-five years. When he committed the crimes, he was less than eighteen years of age. Under the authority of State v. Michel, 257 So. 3d 3 (Fla. 2018), and Franklin v. State, 258 So. 3d 1239 (Fla. 2018), we uphold the trial judge’s summary denial of the Appellant’s motion for post-conviction relief challenging the constitutionality of his sentence.

Affirmed.


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