The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

View Entire Chapter

F.S. 921.1401

921.1401 Sentence of life imprisonment for persons who are under the age of 18 years at the time of the offense; sentencing proceedings.—

(1) Upon conviction or adjudication of guilt of an offense described in s. 775.082(1)(b), s. 775.082(3)(a)5., s. 775.082(3)(b)2., or s. 775.082(3)(c) which was committed on or after July 1, 2014, the court may conduct a separate sentencing hearing to determine if a term of imprisonment for life or a term of years equal to life imprisonment is an appropriate sentence.

(2) In determining whether life imprisonment or a term of years equal to life imprisonment is an appropriate sentence, the court shall consider factors relevant to the offense and the defendant’s youth and attendant circumstances, including, but not limited to:

(a) The nature and circumstances of the offense committed by the defendant.

(b) The effect of the crime on the victim’s family and on the community.

(d) The defendant’s background, including his or her family, home, and community environment.

(e) The effect, if any, of immaturity, impetuosity, or failure to appreciate risks and consequences on the defendant’s participation in the offense.

(f) The extent of the defendant’s participation in the offense.

(g) The effect, if any, of familial pressure or peer pressure on the defendant’s actions.

(h) The nature and extent of the defendant’s prior criminal history.

(i) The effect, if any, of characteristics attributable to the defendant’s youth on the defendant’s judgment.

(j) The possibility of rehabilitating the defendant.

History.—s. 2, ch. 2014-220.

F.S. 921.1401 on Google Scholar

F.S. 921.1401 on Casetext

Amendments to 921.1401

Arrestable Offenses / Crimes under Fla. Stat. 921.1401

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.1401.

Annotations, Discussions, Cases:

Cases from cite.case.law:

RIVERA, v. STATE, 274 So. 3d 537 (Fla. App. Ct. 2019)

. . . judicial review after twenty-five years pursuant to the juvenile sentencing laws, sections 775.082, 921.1401 . . .

SIMMONS, v. STATE, 274 So. 3d 468 (Fla. App. Ct. 2019)

. . . provisions enacted in chapter 2014-220, Laws of Florida, which have been codified in sections 775.082, 921.1401 . . .

WHITE, v. STATE, 271 So. 3d 1023 (Fla. App. Ct. 2019)

. . . We affirm as to all other issues raised, but write to address appellant's argument that section 921.1401 . . . Our sister courts reasoned that section 921.1401 does not alter the statutory maximum or minimum that . . . The procedure in section 921.1401 is distinguishable from Florida's pre- Hurst death-penalty statute, . . . Section 921.1401 does nothing more than require a trial judge to take into consideration traditional . . . Therefore, we conclude that the juvenile sentencing procedure set forth in section 921.1401 does not . . .

FRANCOIS, v. STATE, 271 So. 3d 1130 (Fla. App. Ct. 2019)

. . . when he was a juvenile, he is entitled to have his sentenced reviewed pursuant to sections 775.082, 921.1401 . . . remedy he had sought was a resentencing pursuant to Graham , among others, and pursuant to section 921.1401 . . .

DAY, v. STATE, 266 So. 3d 870 (Fla. App. Ct. 2019)

. . . See § 921.1401, Fla. Stat.; see also Horsley v. State , 160 So.3d 393, 394 (Fla. 2015). . . .

ROBINSON, v. STATE, 268 So. 3d 848 (Fla. App. Ct. 2019)

. . . Robinson argues the trial court was obligated to make specific findings as to each factor under section 921.1401 . . . that judges imposing life sentences need not make specific findings for each factor listed in section 921.1401 . . . See § 921.1401(2)(j). . . .

SIMMONS, v. STATE, 267 So. 3d 1067 (Fla. App. Ct. 2019)

. . . argues the trial court erred in several of its findings on the statutory factors set forth in section 921.1401 . . . He merely disagrees with the trial court's assessment of the required factors under section 921.1401. . . . requires only that the trial court "consider" these factors before it can impose a life sentence. § 921.1401 . . . The statutory factors in section 921.1401 do not alter the maximum, or minimum, punishment available . . . Under the section 921.1401, such a finding entitled the defendant to a sentence review in twenty-five . . .

WARTHEN, v. STATE, 265 So. 3d 695 (Fla. App. Ct. 2019)

. . . Legislature enacted chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401 . . .

DORSEY Jr. v. STATE, 265 So. 3d 639 (Fla. App. Ct. 2019)

. . . provide for judicial review under chapter 2014-220, Laws of Florida, as codified in sections 775.082, 921.1401 . . .

DORTCH, v. STATE, 266 So. 3d 1240 (Fla. App. Ct. 2019)

. . . We also conclude that the trial court made the findings required by section 921.1401, Florida Statutes . . . But the court chose instead to fully resentence him under the framework established in section 921.1401 . . . Dortch contends first that the court's imposition of life sentences pursuant section 921.1401 exceeded . . . Section 921.1401(2) sets forth no requirement to make detailed findings on all ten of its factors. . . . Section 921.1401(2), Fla. . . .

NELMS, v. STATE, 263 So. 3d 88 (Fla. App. Ct. 2019)

. . . twenty-five years, pursuant to chapter 2014-220, Laws of Florida, as codified in sections 775.082, 921.1401 . . . ' testimony on the defendant's behalf, the defendant's remorse, and the criteria set out in section 921.1401 . . . the new sentence, noting that the trial court had made express findings in accordance with section 921.1401 . . . ' testimony and Nelms' remorse, the resentencing court considered the criteria set forth in section 921.1401 . . .

PERRY, v. STATE, 263 So. 3d 86 (Fla. App. Ct. 2019)

. . . resentencing under chapter 2014-220, Laws of Florida, which has been codified at sections 775.082, 921.1401 . . . entitled to resentencing pursuant to chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401 . . .

HONOR, v. STATE, 262 So. 3d 861 (Fla. App. Ct. 2019)

. . . Presently codified at sections 775.082, 921.1401, and 921.1402, Florida Statutes (2018). . . .

ROSARIO, v. STATE, 260 So. 3d 335 (Fla. App. Ct. 2018)

. . . framework established in chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401 . . .

STATE v. WRIGHT,, 260 So. 3d 1076 (Fla. App. Ct. 2018)

. . . In his answer brief, appellee contends that section 921.1401, Florida Statutes, requiring individualized . . .

BAKER, IV, v. STATE, 257 So. 3d 639 (Fla. App. Ct. 2018)

. . . juvenile sentencing provisions in chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401 . . .

DIXON, v. STATE, 257 So. 3d 1046 (Fla. App. Ct. 2018)

. . . appears to indicate that the court merely relied on its evaluation of the factors outlined under section 921.1401 . . . State , 160 So.3d 393 (Fla. 2015), and section 921.1401, Florida Statutes (2015). . . . Section 921.1401 states, in pertinent part: (2) In determining whether life imprisonment or a term of . . . Pursuant to section 921.1401, the trial court held an evidentiary hearing and entered a written order . . . In the written order, the trial court recited section 921.1401 as quoted above, and then expressly addressed . . .

MARTINEZ, v. STATE, 256 So. 3d 897 (Fla. App. Ct. 2018)

. . . , 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), and the subsequent codification of section 921.1401 . . . for certain sentences imposed upon juveniles who commit capital, life, or first degree felonies. §§ 921.1401 . . . of the factors enumerated in Graham and Miller are entitled to be resentenced pursuant to sections 921.1401 . . . Appellant also argues that section 921.1401 supersedes the 10-20-Life statute as applied to juveniles . . . We also reject this argument as, by its terms, section 921.1401 does not supersede the 10-20-Life statute . . .

STATE v. PURDY,, 252 So. 3d 723 (Fla. 2018)

. . . response, the Florida Legislature adopted chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401 . . . Relevant Statutes Sections 775.082, 921.1401, and 921.1402, Florida Statutes (2015), now provide special . . . of imprisonment for life if, after a sentencing hearing conducted by the court in accordance with s. 921.1401 . . . version cited in this opinion, the current 2018 version of the Florida Statutes is the same for sections 921.1401 . . . See §§ 775.082, 921.1401, 921.1402, Fla. Stat. (2015) ; plurality op. at 725. . . .

A. GONZALEZ, v. STATE, 252 So. 3d 1282 (Fla. App. Ct. 2018)

. . . Gonzalez' argument that a jury, rather than a circuit judge, must pass on the factors set forth in section 921.1401 . . . received evidence and substantial argument regarding the sentencing considerations set forth in section 921.1401 . . .

E. GORMAN, Jr. v. STATE, 253 So. 3d 740 (Fla. App. Ct. 2018)

. . . that he is entitled to be resentenced under chapter 2014-220, Laws of Florida, as codified in sections 921.1401 . . . offenses he committed while a juvenile and remanding for resentencing pursuant to sections 775.082, 921.1401 . . . Gorman's sentences and remand for resentencing pursuant to sections 921.1401 and 921.1402. . . .

JAY Jr. v. STATE, 252 So. 3d 326 (Fla. App. Ct. 2018)

. . . Miller, and the Florida Supreme Court's decision in Atwell, he is entitled to resentencing under section 921.1401 . . .

STATE v. MICHEL,, 257 So. 3d 3 (Fla. 2018)

. . . See § 921.1401, Fla. Stat. (2017). . . . conclude the defendant is correct and that he is entitled to resentencing under sections 775.082(3)(c) and 921.1401 . . . denying Reid's motion for post-conviction relief and remand for a resentencing pursuant to section 921.1401 . . . sentenced to life with the possibility of parole after twenty-five years be resentenced pursuant to section 921.1401 . . . See §§ 921.1401, 921.1402, Fla. Stat. (2018). Graham v. . . .

ROBERSON, v. STATE, 247 So. 3d 718 (Fla. App. Ct. 2018)

. . . vacated appellant's life sentences and resentenced him to life in prison in accordance with section 921.1401 . . . (II) whether the trial court erred in denying appellant's request for a jury finding under section 921.1401 . . . ; and (III) whether section 921.1401 is facially unconstitutional. . . . As to Issues II and III, appellant complains that section 921.1401 requires the judge, not the jury, . . . in denying his request for a jury to make findings as to the sentencing factors set forth in section 921.1401 . . .

WHITE, v. STATE, 244 So. 3d 1130 (Fla. App. Ct. 2018)

. . . The trial court at sentencing considered the factors set out in section 921.1401(2) in deciding whether . . .

HALL, v. STATE, 248 So. 3d 1227 (Fla. App. Ct. 2018)

. . . Legislature adopted chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401 . . . record reflects that Hall was provided with an individualized sentencing hearing pursuant to section 921.1401 . . . , during which the trial court took into account Hall's age and the factors listed in section 921.1401 . . .

HART, v. STATE, 255 So. 3d 921 (Fla. App. Ct. 2018)

. . . 2014, the Florida Legislature enacted chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401 . . .

JACKSON, v. STATE, 244 So. 3d 423 (Fla. App. Ct. 2018)

. . . sentence to allow for a review hearing without also holding a resentencing hearing under sections 775.082, 921.1401 . . .

GABRIEL, v. STATE, 248 So. 3d 265 (Fla. App. Ct. 2018)

. . . illegal or unconstitutional under Florida's juvenile offender sentencing laws, codified at sections 921.1401 . . .

MORRIS, v. STATE, 246 So. 3d 244 (Fla. 2018)

. . . and youthful offender sentence, the court weighed several factors that the 2014 amendments to section 921.1401 . . .

RUIZ, v. STATE, 242 So. 3d 1204 (Fla. App. Ct. 2018)

. . . sentence to allow for a review hearing without also holding a resentencing hearing under sections 775.082, 921.1401 . . .

MCDOWELL, v. STATE, 242 So. 3d 529 (Fla. App. Ct. 2018)

. . . Florida Supreme Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401 . . .

L. HART, v. STATE, 246 So. 3d 417 (Fla. App. Ct. 2018)

. . . argued that the trial court must reconsider his sentence in light of the factors enumerated in section 921.1401 . . . Legislature enacted chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401 . . .

MAXWELL, v. STATE, 241 So. 3d 277 (Fla. App. Ct. 2018)

. . . nonhomicide offender, a judicial review hearing of his lengthy prison sentence under sections 775.082, 921.1401 . . .

STATE v. CALIX,, 245 So. 3d 928 (Fla. App. Ct. 2018)

. . . conclude the defendant is correct and that he is entitled to resentencing under sections 775.082(3)(c) and 921.1401 . . .

C. J. a v. STATE, 244 So. 3d 299 (Fla. App. Ct. 2018)

. . . . § 921.1401(2), Fla. Stat. (2014). Id. at 218 (citations omitted). . . .

CUEVAS, v. STATE, 241 So. 3d 947 (Fla. App. Ct. 2018)

. . . entitled to resentencing pursuant to chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401 . . . order and remand for Cuevas to be resentenced under chapter 14-220 as codified in sections 775.082, 921.1401 . . .

BLOUNT, DOC v. STATE, 238 So. 3d 913 (Fla. App. Ct. 2018)

. . . Ch. 2014-220, §§ 1-3, at 2869-75, Laws of Fla., codified at §§ 775.082, 921.1401, 921.1402, Fla. . . .

D. WILLIAMS, v. STATE, 242 So. 3d 280 (Fla. 2018)

. . . of imprisonment for life if, after a sentencing hearing conducted by the court in accordance with s. 921.1401 . . . of years equal to life if, after a sentencing hearing conducted by the court in accordance with s. 921.1401 . . . subsequently held a resentencing hearing on the first-degree murder conviction pursuant to section 921.1401 . . . of imprisonment for life if, after a sentencing hearing conducted by the court in accordance with s. 921.1401 . . . of years equal to life if, after a sentencing hearing conducted by the court in accordance with s. 921.1401 . . .

COPELAND, v. STATE, 240 So. 3d 58 (Fla. App. Ct. 2018)

. . . framework established in chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401 . . . Copeland presented evidence to the trial court and arguments on the factors set forth in § 921.1401(2 . . . that a jury verdict was needed on the sentencing factors in order to authorize his sentence under § 921.1401 . . . that his rights to a jury trial were violated at resentencing because the trial court considered the § 921.1401 . . . framework established in chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401 . . .

S. BURGER, v. STATE, 232 So. 3d 1 (Fla. Dist. Ct. App. 2017)

. . . Chapter 2014-220, Laws of Florida, is codified in sections 775.082, 921.1401; and 921.1402, Florida Statutes . . .

MONTGOMERY, v. STATE, 230 So. 3d 1256 (Fla. Dist. Ct. App. 2017)

. . . accordance with the procedures outlined in chapter 2014-220, Laws of Florida, codified in sections 776.082, '921.1401 . . . sentencing hearing,under section 775.082(3)(c), and make the necessary findings in accordance with sections 921.1401 . . . The preamble to this chapter reflects that section 775.082 was amended, and sections 921.1401 and 921.1402 . . . convictions in conformance with chapter 2014-220, Laws of Florida, as codified in sections 775.082, 921.1401 . . .

L. BROWN, Jr. v. STATE, 235 So. 3d 971 (Fla. Dist. Ct. App. 2017)

. . . conclude that the trial court conducted an appropriate sentencing hearing in accordance with section 921.1401 . . .

RUSS, v. STATE, 232 So. 3d 485 (Fla. Dist. Ct. App. 2017)

. . . of the resentencing provisions of chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401 . . .

MOSIER, v. STATE, 235 So. 3d 957 (Fla. Dist. Ct. App. 2017)

. . . for Mosier to be resentenced under the juvenile sentencing guidelines codified in sections 775.082, 921.1401 . . .

M. ALBRITTON, v. STATE, 226 So. 3d 1078 (Fla. Dist. Ct. App. 2017)

. . . conviction pursuant to chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401 . . .

BARNES, v. STATE, 227 So. 3d 216 (Fla. Dist. Ct. App. 2017)

. . . these offenses, the trial court conducted an individualized sentencing hearing pursuant to section 921.1401 . . . of judgment, and possibility of rehabilitation in determining whether to impose a life sentence. § 921.1401 . . . Id. § 921.1401(2)(j). . . . Id. § 921.1401(2)(e), (i). . . .

BECKMAN, v. STATE, 230 So. 3d 77 (Fla. Dist. Ct. App. 2017)

. . . See § 921.1401, Fla. Stat. (2015). . . . The defendant also argues that the individualized hearing for juveniles set forth in section 921.1401 . . . See § 921.1401, Fla. Stat. (2015). The court sentenced him to life in prison without parole. . . . Stat. (2015); § 921.1401, Fla. Stat. (2015). . . . See § 921.1401(1)-(2), Fla. Stat. (2015). . . .

WHITE, v. STATE, 224 So. 3d 934 (Fla. Dist. Ct. App. 2017)

. . . Florida Supreme Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401 . . .

BUTLER, v. STATE, 230 So. 3d 71 (Fla. Dist. Ct. App. 2017)

. . . Florida Supreme Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401 . . .

ANDREVIL, v. STATE, 226 So. 3d 867 (Fla. Dist. Ct. App. 2017)

. . . with the sentencing procedures set forth in chapter 2014-220, Laws of Florida, as codified in sections 921.1401 . . .

SMITH, v. STATE, 222 So. 3d 664 (Fla. Dist. Ct. App. 2017)

. . . Florida Supreme Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401 . . .

ORTIZ, v. STATE, 225 So. 3d 309 (Fla. Dist. Ct. App. 2017)

. . . sentences and remand to the trial court for the appropriate resentencing under sections 775.082(1)(b)(1), 921.1401 . . .

ROOKS, v. STATE, 224 So. 3d 272 (Fla. Dist. Ct. App. 2017)

. . . Court’s decisions in Henry and Atwell, he is entitled to resentencing pursuant to sections 775.082, 921.1401 . . .

DAVIS, Jr. v. STATE, 230 So. 3d 487 (Fla. Dist. Ct. App. 2017)

. . . courts may embrace all of the provisions of chapter 2014-220 [which was codified in sections 775.082, 921.1401 . . .

CUTTS, v. STATE, 225 So. 3d 244 (Fla. Dist. Ct. App. 2017)

. . . In formulating his sentence, the trial court made express findings in accordance with section 921.1401 . . . After hearing the evidence, the court vacated the prior sentences, restated the criteria of section 921.1401 . . . The Florida Legislature, however, developed in sections 921.1401-.1402, Florida Statutes, a different . . .

DAVIS, v. STATE, 223 So. 3d 1106 (Fla. Dist. Ct. App. 2017)

. . . entitled to be sentenced pursuant to the juvenile offender sentencing laws codified at sections 775.082, 921.1401 . . .

REETERS, v. J. ISRAEL,, 223 So. 3d 265 (Fla. Dist. Ct. App. 2017)

. . . Pursuant to section 921.1401, Florida Statutes (2016), a trial court may sentence a juvenile to life . . . (j) The possibility of rehabilitating the defendant. § 921.1401(2), Fla. Stat. (2016). . . . He argues that, although the legislature enacted sections 921.1401 and 921.1402 to satisfy the requirements . . . To deny bond, the trial court was not required to find that a life sentence is likely under section 921.1401 . . . A defendant's youth and the other factors in section 921.1401 are matters that a trial court may consider . . .

E. HAWKINS, v. STATE, 219 So. 3d 982 (Fla. Dist. Ct. App. 2017)

. . . The trial court conducted an individualized :sentencing and considered the factors under section 921.1401 . . .

YOUNG, v. STATE, 219 So. 3d 206 (Fla. Dist. Ct. App. 2017)

. . . presented to the trial court, that Florida’s juvenile sentencing statutes, codified in sections 775.082, 921.1401 . . . Young was a juvenile offender, he was entitled to a separate sentencing hearing pursuant to section 921.1401 . . .

U ANDREWS, v. STATE, 218 So. 3d 466 (Fla. Dist. Ct. App. 2017)

. . . 2014-220, Laws of Florida, the relevant provisions of which have been codified in sections 775.082, 921.1401 . . .

DAVIS, v. STATE, 214 So. 3d 799 (Fla. Dist. Ct. App. 2017)

. . . resentenced pursuant to chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401 . . .

MARSHALL, v. STATE, 214 So. 3d 776 (Fla. Dist. Ct. App. 2017)

. . . entitled to be resentenced under chapter 2014-220, Laws of Florida, as codified in sections 775.082, 921.1401 . . . resentencing in conformance with chapter 2014-220, Laws of Florida, as codified in sections 775.082, 921.1401 . . .

DAVIS, v. STATE, 214 So. 3d 779 (Fla. Dist. Ct. App. 2017)

. . . we reverse the order denying Davis’s rule 3.800(a) motion and remand for resentencing under sections 921.1401 . . .

YERO, v. STATE, 217 So. 3d 150 (Fla. Dist. Ct. App. 2017)

. . . life sentence which must be vacated and entitled him to be resentenced pursuant to sections 775.082, 921.1401 . . .

CARTER, v. STATE, 215 So. 3d 125 (Fla. Dist. Ct. App. 2017)

. . . The defendant sought resentencing under sections 775.082(3)(c) and 921.1401, Florida Statutes (2014). . . . conclude the defendant is correct and that he is entitled to resentencing under sections 775.082(3)(c) and 921.1401 . . . trial court for the appropriate resentencing under section 775.082(3)(c), Florida Statutes and section 921.1401 . . .

BONIFAY, v. STATE, 211 So. 3d 374 (Fla. Dist. Ct. App. 2017)

. . . Florida Supreme Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401 . . .

BRAXTON, Jr. v. STATE, 212 So. 3d 539 (Fla. Dist. Ct. App. 2017)

. . . 3.850 motion and remand for resen-tencing pursuant to chapter 14-220 as codified in sections 775.082, 921.1401 . . .

WILKINSON, v. STATE, 212 So. 3d 500 (Fla. Dist. Ct. App. 2017)

. . . We reverse the mandatory life sentence and remand for sentencing under sections 775.082, 921.1401, and . . . after consideration of the individual circumstances concerning the juvenile and the crime. §§ 775.082, 921.1401 . . .

COLON, v. STATE, 211 So. 3d 355 (Fla. Dist. Ct. App. 2017)

. . . . §§ 775.082, 921.1401, 921.1402, Fla. Stat. (2016). . . . .

EDWARDS, v. STATE, 210 So. 3d 266 (Fla. Dist. Ct. App. 2017)

. . . life with the possibility of parole are entitled to resentencing in conformance with sections 775.082, 921.1401 . . . with parole eligibility after twenty-five years was entitled to be resentenced under sections 775.082, 921.1401 . . . the order denying Edwards’ motion and remand for re-sentencing in conformance with sections 775.082, 921.1401 . . .

T. BURNEY, v. STATE, 211 So. 3d 1106 (Fla. Dist. Ct. App. 2017)

. . . See §§ 921.1401, .1402, Fla. . . . sentenced to life with the possibility of parole are entitled to resentencing pursuant to sections 921.1401 . . .

WOODS, v. STATE, 210 So. 3d 776 (Fla. Dist. Ct. App. 2017)

. . . that we further remand to the circuit court “for resentencing in conformance with sections 775.082, 921.1401 . . .

KIRK, v. STATE, 210 So. 3d 769 (Fla. Dist. Ct. App. 2017)

. . . in conformance with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401 . . .

D WILLIAMS, v. STATE, 211 So. 3d 1070 (Fla. Dist. Ct. App. 2017)

PURDY, v. STATE, 268 So. 3d 813 (Fla. App. Ct. 2017)

. . . The court, after considering the factors set forth in section 921.1401(2)(a)-(j), Florida Statutes (2015 . . . with the framework established in the 2014 juvenile sentencing laws now codified in sections 775.082, 921.1401 . . . juvenile sentencing legislation enacted by the Legislature in 2014, now codified in sections 775.082, 921.1401 . . . When Appellant was resentenced pursuant to section 921.1401, Florida Statutes (2015), to serve forty . . .

MILLER, v. STATE, 208 So. 3d 834 (Fla. Dist. Ct. App. 2017)

. . . in conformance with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401 . . . court for the appropriate resentencing under section 775.082(l)(b)(l), Florida Statutes (2016), section 921.1401 . . .

FRAZIER, v. STATE, 209 So. 3d 635 (Fla. Dist. Ct. App. 2017)

. . . resentencing in conformance with chapter 14-220, Laws of Florida, as codified in sections 775.082, 921.1401 . . .

E. WELLS, v. STATE, 208 So. 3d 1235 (Fla. Dist. Ct. App. 2017)

. . . Wells is entitled to resentenc-ing pursuant to sections 775.082, 921.1401, and 921.1402, Florida Statutes . . .

REMBERT, v. STATE, 208 So. 3d 336 (Fla. Dist. Ct. App. 2017)

. . . Florida Supreme Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401 . . .

MCDONALD, v. STATE, 207 So.3d 376 (Fla. Dist. Ct. App. 2016)

. . . Oct. 28, 2016) (citing Atwell and remanding for resentencing in conformance with sections 775.082, 921.1401 . . . resen-tencing in conformance with chapter 2014-220, Laws of Florida, which was codified in sections 775.082, 921.1401 . . .

STRIPLING, v. STATE, 209 So. 3d 70 (Fla. Dist. Ct. App. 2016)

. . . in conformance with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401 . . . to the trial court for resentencing under section 775.082(1)(b)(1), Florida Statutes (2016), section 921.1401 . . .

KELSEY, v. STATE, 206 So.3d 5 (Fla. 2016)

. . . sentence when the sentencing court takes into account all of the sentencing factors set forth in section 921.1401 . . . These considerations have since been codified in section 921.1401(2), Florida Statutes (2014), and include . . . sentencing court considered some of the individualized sentencing considerations since codified in section 921.1401 . . . entitled to resentencing pursuant to chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401 . . .

NEELY, v. STATE, 207 So.3d 357 (Fla. Dist. Ct. App. 2016)

. . . remedy for a Miller violation was resentencing the juvenile offender pursuant to sections 775.082, 921.1401 . . .

HIXON, v. STATE, 205 So. 3d 834 (Fla. Dist. Ct. App. 2016)

. . . See §§ 921.1401, .1402, Fla. . . . sentenced to life with the possibility of parole are entitled to resentencing pursuant to sections 921.1401 . . .

LANDY, v. STATE, 205 So. 3d 801 (Fla. Dist. Ct. App. 2016)

. . . Oct. 28, 2016) (remanding for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . . remand for resentencing in conformance with chapter 2014-220, which was codified in sections 775.082, 921.1401 . . .

SOUTHERN, v. STATE, 201 So. 3d 1292 (Fla. Dist. Ct. App. 2016)

. . . in conformance with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401 . . .

EJAK, v. STATE, 201 So. 3d 1228 (Fla. Dist. Ct. App. 2016)

. . . life sentence without the possibility of parole—but before the Florida Legislature enacted section 921.1401 . . . the procedures outlined in chapter 2014-220, Laws of Florida, which are codified in sections 775.082, 921.1401 . . . However, it denied the motion to the extent it requested a new sentencing hearing under section 921.1401 . . . and carefully set out its findings, and we conclude it addressed all the factors described in section 921.1401 . . . unconstitutional sentence under Miller, he was not entitled to a new sentencing hearing under section 921.1401 . . .

L. WADE, v. STATE, 201 So. 3d 806 (Fla. Dist. Ct. App. 2016)

. . . remand for the trial court to resentence Appellant pursuant to the individualized factors under section 921.1401 . . .

RANDOLPH, v. STATE, 199 So. 3d 1127 (Fla. Dist. Ct. App. 2016)

. . . offender’s ‘youth and its attendant circumstances’ as articulated in Miller and now codified in section 921.1401 . . . Now codified in §§ 775.082, 921.1401, 921.1402, Fla. Stat..(2014). . . .

DAVIS, Jr. v. STATE, 199 So. 3d 546 (Fla. Dist. Ct. App. 2016)

. . . sentencing provisions enacted in Chapter 2014-220, Laws of Florida, and codified in sections 775.082, 921.1401 . . .

TARRAND, v. STATE, 199 So. 3d 507 (Fla. Dist. Ct. App. 2016)

. . . he sought resentencing pursuant to Chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401 . . . resen-tenced in light of the new juvenile sentencing legislation now codified at sections 775.082, 921.1401 . . .

TYSON, v. STATE, 199 So. 3d 1087 (Fla. Dist. Ct. App. 2016)

. . . Accordingly, the court remanded for resentencing with retroactive application of sections 775.082(3)(c), 921.1401 . . . Now codified in sections 775,082, 921.1401, 921.1402, Florida Statutes (2014). . Miller v. . . .

CARTER, v. STATE, 194 So. 3d 584 (Fla. Dist. Ct. App. 2016)

. . . Miller, 132 S.Ct. at 2460; and that resentencing must occur “in conformance with sections 775.082, 921.1401 . . .

CADET, v. STATE, 199 So. 3d 988 (Fla. Dist. Ct. App. 2016)

. . . framework established in Chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401 . . .

STEPHENSON, v. STATE, 197 So. 3d 1126 (Fla. Dist. Ct. App. 2016)

. . . hearing prior to sentencing a juvenile offender to life for a non-homicide crime; and (b) sections 921.1401 . . .

W. PETERSON, v. STATE, 193 So. 3d 1034 (Fla. Dist. Ct. App. 2016)

. . . See ch. 2014-220, Laws of Fla., (now codified in §§ 775.082, 921.1401, 921.1402, Fla. . . . resen-tenced in light of the new juvenile sentencing legislation now codified at sections 775.082, 921.1401 . . .

L. LANDRUM, v. STATE, 192 So. 3d 459 (Fla. 2016)

. . . offender’s “youth and its attendant circumstances” as articulated in Miller and now codified in section 921.1401 . . . See §§ 775.082, 921.1401, and 921.1402, Fla. Stat. (2014). . . . (j) The possibility of rehabilitating the defendant. § 921.1401(2), Fla. Stat. (2014). . . . None of the Miller factors as now codified in section 921.1401 existed in the sentencing schéme under . . . Horsley, 160 So.3d at 394; §§ 775.082, 921.1401, 921.1402, Fla. Stat. (2014). . . .

L. ANTHONY, v. STATE, 192 So. 3d 650 (Fla. Dist. Ct. App. 2016)

. . . re-sentencing in accordance with chapter 2014-220, Laws of Florida, now codified in sections 775.082, 921.1401 . . .

ATWELL, v. STATE, 197 So. 3d 1040 (Fla. 2016)

. . . in conformance with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401 . . .