Ricardo Miller, Appellant, v. The State of Florida, Appellee.

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Ricardo Miller, Appellant, v. The State of Florida, Appellee.

No. 3D15–2492

Decided: December 21, 2016

Before SHEPHERD, LAGOA and FERNANDEZ, JJ. Ricardo Miller, in proper person. Pamela Jo Bondi, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

ON MOTION FOR REHEARING

This cause is before us on Ricardo Miller's Motion for Rehearing. We deny the motion for rehearing, but withdraw our May 4, 2016 opinion and substitute this opinion in its place.

Miller appeals the trial court's September 16, 2015 order denying his 3.850(b)(2) motion for post-conviction relief, arguing he is entitled to resentencing in conformance with chapter 2014–220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes. We reverse and remand.

Miller was found guilty of first-degree murder following a jury trial and in 1973 was sentenced to life in prison without parole. Miller claims he should be resentenced because he was a juvenile at the time he committed the crime. Based on our recent decision in Neely v. State, No. 3D14–1052, 2016 WL 6992563 (Fla. 3d DCA Nov. 30, 2016), Miller is entitled to judicial review of his sentence.

We therefore reverse Miller's first-degree murder sentence and remand to the trial court for the appropriate resentencing under section 775.082(1)(b)(1), Florida Statutes (2016), section 921.1401, Florida Statutes (2014), and section 921.1402, Florida Statutes (2015).

Reversed and remanded with directions.

PER CURIAM.

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