DENNIS v. STATE (2017)

Jason DENNIS, Appellant, v. STATE of Florida, Appellee.

No. 4D13–1045

Decided: March 29, 2017

Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Attorney General, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

We reverse the order denying appellant's motion for postconviction relief and remand for resentencing pursuant to Atwell v. State, 197 So. 3d 1040 (Fla. 2016). Appellant is entitled to be resentenced pursuant to the sentencing provisions enacted in Chapter 2014–220, Laws of Florida. Id. at 1050; Michel v. State, 204 So. 3d 101 (Fla. 4th DCA 2016) (certifying conflict with Stallings v. State, 198 So. 3d 1081 (Fla. 5th DCA 2016), and Williams v. State, 198 So. 3d 1084 (Fla. 5th DCA 2016)).

Appellant's claim that his sentence for the non–homicide count violates Graham v. Florida, 560 U.S. 48 (2010), was not raised in the motion filed below and may not be raised for the first time in this appeal. Atwell, 197 So. 3d at 1043, n.1. Appellant may raise this claim through a proper motion filed in the trial court following remand.

Reversed and remanded for resentencing.

Per Curiam.

Gross, Taylor and Levine, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network