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Florida Statute 921.1402 | Lawyer Caselaw & Research
F.S. 921.1402 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
View Entire Chapter
F.S. 921.1402
921.1402 Review of sentences for persons convicted of specified offenses committed while under the age of 18 years.
(1) For purposes of this section, the term “juvenile offender” means a person sentenced to imprisonment in the custody of the Department of Corrections for an offense committed on or after July 1, 2014, and committed before he or she attained 18 years of age.
(2)(a) A juvenile offender sentenced under s. 775.082(1)(b)1. is entitled to a review of his or her sentence after 25 years. However, a juvenile offender is not entitled to review if he or she has previously been convicted of one of the following offenses, or conspiracy to commit one of the following offenses, if the offense for which the person was previously convicted was part of a separate criminal transaction or episode than that which resulted in the sentence under s. 775.082(1)(b)1.:
1. Murder;
2. Manslaughter;
3. Sexual battery;
4. Armed burglary;
5. Armed robbery;
6. Armed carjacking;
7. Home-invasion robbery;
8. Human trafficking for commercial sexual activity with a child under 18 years of age;
9. False imprisonment under s. 787.02(3)(a); or
10. Kidnapping.
(b) A juvenile offender sentenced to a term of more than 25 years under s. 775.082(3)(a)5.a. or s. 775.082(3)(b)2.a. is entitled to a review of his or her sentence after 25 years.
(c) A juvenile offender sentenced to a term of more than 15 years under s. 775.082(1)(b)2., s. 775.082(3)(a)5.b., or s. 775.082(3)(b)2.b. is entitled to a review of his or her sentence after 15 years.
(d) A juvenile offender sentenced to a term of 20 years or more under s. 775.082(3)(c) is entitled to a review of his or her sentence after 20 years. If the juvenile offender is not resentenced at the initial review hearing, he or she is eligible for one subsequent review hearing 10 years after the initial review hearing.
(3) The Department of Corrections shall notify a juvenile offender of his or her eligibility to request a sentence review hearing 18 months before the juvenile offender is entitled to a sentence review hearing under this section.
(4) A juvenile offender seeking sentence review pursuant to subsection (2) must submit an application to the court of original jurisdiction requesting that a sentence review hearing be held. The juvenile offender must submit a new application to the court of original jurisdiction to request subsequent sentence review hearings pursuant to paragraph (2)(d). The sentencing court shall retain original jurisdiction for the duration of the sentence for this purpose.
(5) A juvenile offender who is eligible for a sentence review hearing under this section is entitled to be represented by counsel, and the court shall appoint a public defender to represent the juvenile offender if the juvenile offender cannot afford an attorney.
(6) Upon receiving an application from an eligible juvenile offender, the court of original sentencing jurisdiction shall hold a sentence review hearing to determine whether the juvenile offender’s sentence should be modified. When determining if it is appropriate to modify the juvenile offender’s sentence, the court shall consider any factor it deems appropriate, including all of the following:
(a) Whether the juvenile offender demonstrates maturity and rehabilitation.
(b) Whether the juvenile offender remains at the same level of risk to society as he or she did at the time of the initial sentencing.
(c) The opinion of the victim or the victim’s next of kin. The absence of the victim or the victim’s next of kin from the sentence review hearing may not be a factor in the determination of the court under this section. The court shall permit the victim or victim’s next of kin to be heard, in person, in writing, or by electronic means. If the victim or the victim’s next of kin chooses not to participate in the hearing, the court may consider previous statements made by the victim or the victim’s next of kin during the trial, initial sentencing phase, or subsequent sentencing review hearings.
(d) Whether the juvenile offender was a relatively minor participant in the criminal offense or acted under extreme duress or the domination of another person.
(e) Whether the juvenile offender has shown sincere and sustained remorse for the criminal offense.
(f) Whether the juvenile offender’s age, maturity, and psychological development at the time of the offense affected his or her behavior.
(g) Whether the juvenile offender has successfully obtained a high school equivalency diploma or completed another educational, technical, work, vocational, or self-rehabilitation program, if such a program is available.
(h) Whether the juvenile offender was a victim of sexual, physical, or emotional abuse before he or she committed the offense.
(i) The results of any mental health assessment, risk assessment, or evaluation of the juvenile offender as to rehabilitation.
(7) If the court determines at a sentence review hearing that the juvenile offender has been rehabilitated and is reasonably believed to be fit to reenter society, the court shall modify the sentence and impose a term of probation of at least 5 years. If the court determines that the juvenile offender has not demonstrated rehabilitation or is not fit to reenter society, the court shall issue a written order stating the reasons why the sentence is not being modified.
History.s. 3, ch. 2014-220; s. 97, ch. 2015-2.

F.S. 921.1402 on Google Scholar

F.S. 921.1402 on Casetext

Amendments to 921.1402


Arrestable Offenses / Crimes under Fla. Stat. 921.1402
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.1402.



Annotations, Discussions, Cases:

Cases from cite.case.law:

WILLIAMS, v. STATE, 275 So. 3d 1281 (Fla. App. Ct. 2019)

. . . hearing after twenty-five years from the date of his original sentencing in accordance with section 921.1402 . . .

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

. . . review after twenty-five years pursuant to the juvenile sentencing laws, sections 775.082, 921.1401, and 921.1402 . . .

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

. . . enacted in chapter 2014-220, Laws of Florida, which have been codified in sections 775.082, 921.1401, and 921.1402 . . .

LACUE, v. STATE, 270 So. 3d 413 (Fla. App. Ct. 2019)

. . . language in the resentencing order providing for sentence review after 25 years as required by section 921.1402 . . . shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402 . . .

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

. . . juvenile, he is entitled to have his sentenced reviewed pursuant to sections 775.082, 921.1401, and 921.1402 . . .

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

. . . early release with a review hearing to be conducted in accordance with sections 775.082 (1)(b)1. and 921.1402 . . .

MCCRAE, v. STATE, 267 So. 3d 470 (Fla. App. Ct. 2019)

. . . .3d at 252 ("[A]bsent a violation of Graham , there is no legal basis to retroactively apply section 921.1402 . . . juvenile-sentencing law would have meant McCrae would be eligible for a sentence review after twenty-five years. § 921.1402 . . .

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

. . . The defendant argues that his combined term of sixty-five years violates section 921.1402 of the Florida . . . enacted chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . . , the statutory review would have taken place in 2016, twenty five years after the 1991 sentence. § 921.1402 . . .

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

. . . judicial review under chapter 2014-220, Laws of Florida, as codified in sections 775.082, 921.1401, and 921.1402 . . .

BERMUDEZ, v. STATE, 271 So. 3d 82 (Fla. App. Ct. 2019)

. . . . § 921.1402(6).") . . .

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

. . . Graham resentencing context, a defendant's 45-year sentence without the benefit of review under section 921.1402 . . .

MCCULLUM, v. STATE, 263 So. 3d 276 (Fla. App. Ct. 2019)

. . . He also argued that he should be eligible for sentence review under section 921.1402-Florida's post- . . . ) held that "absent a violation of Graham , there is no legal basis to retroactively apply section 921.1402 . . . resentenced from life to term-of-years sentences after Graham , for crimes committed before [section 921.1402 . . .

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

. . . years, pursuant to chapter 2014-220, Laws of Florida, as codified in sections 775.082, 921.1401, and 921.1402 . . . thus, a juvenile offender who receives such a sentence is not entitled to resentencing under section 921.1402 . . .

STATE v. WESBY,, 262 So. 3d 818 (Fla. App. Ct. 2019)

. . . He is not therefore entitled to resentencing under section 921.1402, Florida Statutes. In State v. . . .

STATE v. WEST,, 262 So. 3d 818 (Fla. App. Ct. 2019)

. . . He is not therefore entitled to resentencing under section 921.1402, Florida Statutes. In State v. . . .

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

. . . older were de facto life sentences and illegal under recent case law and sections 775.082(3)(c) and 921.1402 . . . under chapter 2014-220, Laws of Florida, which has been codified at sections 775.082, 921.1401, and 921.1402 . . . resentencing pursuant to chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401 and 921.1402 . . . to be resentenced pursuant to the provisions of chapter 2014-220, codified at sections 775.082 and 921.1402 . . .

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)

. . . established in chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . . sentences for first-degree felonies to include judicial review pursuant to sections 775.082(3)(c) and 921.1402 . . .

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

. . . than twenty years, the court must provide a judicial review after twenty years, pursuant to section 921.1402 . . . she would still be entitled to a twenty-year statutory review of his or her sentence under section 921.1402 . . . At that judicial review, after considering the enumerated factors of section 921.1402(6) along with any . . . impose a term of probation of at least five years if the court determines modification is warranted. § 921.1402 . . .

WILLIAMS, v. STATE, 257 So. 3d 1226 (Fla. App. Ct. 2018)

. . . . §§ 775.082(3)(c); 921.1402(2)(d), Fla. Stat. (2015) ; see also Kelsey v. . . .

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

. . . sentencing provisions in chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401, and 921.1402 . . .

JAMES, v. STATE, 258 So. 3d 468 (Fla. App. Ct. 2018)

. . . court erred by failing to include language in the resentencing order stating that pursuant to section 921.1402 . . . that the trial court should have provided for sentence review after 25 years as required by section 921.1402 . . .

HURST, v. STATE, 257 So. 3d 1202 (Fla. App. Ct. 2018)

. . . See §§ 775.082 and 921.1402, Fla. Stat. (2016). . . . the victim," is entitled to a review of his or her sentence after 25 years. §§ 775.082(3)(a) 5.a., 921.1402 . . . 775.082(3)(c) instead, which provides for a review of his sentence after 20 years. §§ 775.082(3)(c), 921.1402 . . .

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

. . . appeals from the trial court's order denying his motion for review of sentence pursuant to section 921.1402 . . . written order denying the motion, indicates that the court considered the factors outlined under section 921.1402 . . . Section 921.1402 states, in pertinent part: (6) Upon receiving an application from an eligible juvenile . . . The court's oral pronouncement did not expressly mention section 921.1402 or its factors by number or . . . See § 921.1402(7), Fla. . . .

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

. . . Legislature adopted chapter 2014-220, Laws of Florida, which is primarily codified in sections 921.1401 and 921.1402 . . . 921.1401 and is later afforded periodic judicial review of his or her sentence as provided in section 921.1402 . . .

WASHINGTON, a k a v. STATE, 257 So. 3d 520 (Fla. App. Ct. 2018)

. . . with the proviso that he could petition the court for review after twenty-five years under section 921.1402 . . .

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

. . . Relevant Statutes Sections 775.082, 921.1401, and 921.1402, Florida Statutes (2015), now provide special . . . Ch. 2014-220 (title); see also § 921.1402, Fla. . . . Section 921.1402(2)(a) then provides in pertinent part that "[a] juvenile sentenced under s. 775.082( . . . [for a capital felony] is entitled to review of his or her sentence after 25 years." § 921.1402(2)(a) . . . Consistent with sections 921.1402(2) and (4), Florida Statutes (2015), the trial court later conducted . . . See §§ 775.082, 921.1401, 921.1402, Fla. Stat. (2015) ; plurality op. at 725. . . . (emphasis added); see § 921.1402(2), (6), Fla. Stat. (2015). . . . Id. § 921.1402(7) (emphasis added). . . . and this Court's subsequent opinions in Henry and Horsley , courts reviewing sentences under section 921.1402 . . . By interpreting section 921.1402 in a way that permits sentencing courts to review the offender's "sentence . . .

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

. . . for early release with a review hearing to be held in accordance with sections 775.082(1)(b)1. and 921.1402 . . .

L. COLSTON, v. STATE, 253 So. 3d 1152 (Fla. App. Ct. 2018)

. . . 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), and its progeny, as well as sections 775.082(3)(c) and 921.1402 . . . such a sentence is contrary to the principles of Graham , its progeny, and sections 775.082(3)(c) and 921.1402 . . .

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

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

WALL, v. STATE, 251 So. 3d 1014 (Fla. App. Ct. 2018)

. . . document that Wall is eligible for sentence review on this count after fifteen years under section 921.1402 . . . robbery with a deadly weapon, to reflect eligibility for sentence review after twenty years under section 921.1402 . . .

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

. . . See § 921.1402(2)(a), Fla. Stat. (2017). . . . Id. § 921.1402 (5) - (6). . . . See § 921.1402, Fla. Stat. (2017). . . . Id. § 921.1402(6). . . . See §§ 921.1401, 921.1402, Fla. Stat. (2018). Graham v. . . .

ELKIN, v. STATE, 249 So. 3d 1316 (Fla. App. Ct. 2018)

. . . Relying on section 921.1402, Florida Statutes, and rule 3.802(b)(3), Elkin applied for sentencing review . . . Instead, it erroneously concluded that Elkin could not take advantage of section 921.1402 because he . . . than 15 years" and entitles such defendants to a review after fifteen years in accordance with section 921.1402 . . .

JONES, v. STATE, 245 So. 3d 1014 (Fla. App. Ct. 2018)

. . . corrected sentencing documents granting Appellant a twenty-year sentencing review pursuant to section 921.1402 . . .

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

. . . it does not provide for a subsequent judicial review as required for juvenile offenders by section 921.1402 . . . that the trial court should have provided for sentence review after 25 years as required by section 921.1402 . . . shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402 . . .

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

. . . followed by life on probation, with a chance for judicial review after fifteen years pursuant to section 921.1402 . . . adopted chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . . Hall would be eligible for review of his sentence after fifteen years in prison pursuant to section 921.1402 . . . See § 921.1402(6)(f), Fla. Stat. (2014). . . . discharging firearm not unconstitutional if the defendant is granted judicial review provided by section 921.1402 . . .

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

. . . Legislature enacted chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401, and 921.1402 . . .

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

. . . for a review hearing without also holding a resentencing hearing under sections 775.082, 921.1401 and 921.1402 . . .

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

. . . unconstitutional under Florida's juvenile offender sentencing laws, codified at sections 921.1401 and 921.1402 . . . cross-appeals, arguing that the trial court erred in providing Gabriel with a review hearing under section 921.1402 . . .

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

. . . . § 921.1402(1) Fla. Stat. (2014). . . .

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

. . . for a review hearing without also holding a resentencing hearing under sections 775.082, 921.1401 and 921.1402 . . .

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

. . . Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .

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

. . . enacted chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . . offenses argued that his sentence violated Graham and that he was entitled to review under section 921.1402 . . . District concluded that the sentence did not violate Graham and without a Graham violation, section 921.1402 . . .

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

. . . offender, a judicial review hearing of his lengthy prison sentence under sections 775.082, 921.1401, and 921.1402 . . . precedent, we agree with Maxwell that he is entitled to a resentencing hearing pursuant to section 921.1402 . . .

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

. . . resentencing pursuant to chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401 and 921.1402 . . . remand for Cuevas to be resentenced under chapter 14-220 as codified in sections 775.082, 921.1401, and 921.1402 . . .

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)

. . . pursuant to this subparagraph is entitled to a review of his or her sentence in accordance with s. 921.1402 . . . The session law also created section 921.1402, Florida Statutes (2017), which provides, in pertinent . . . pursuant to this subparagraph is entitled to a review of his or her sentence in accordance with s. 921.1402 . . . Further, under section 921.1402, a finding of actual killing, intent to kill, or attempt to kill entitles . . . review in fifteen years (provided the trial court imposes a sentence greater than fifteen years). § 921.1402 . . .

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

. . . See § 921.1402(2)(a), Fla. Stat. After sentencing, Mr. . . . Section 921.1402(2)(a) entitles a juvenile convicted of first-degree murder to a review of his or her . . . Copeland was "not entitled to" or "eligible for" a review of his sentence after 25 years. § 921.1402( . . . Copeland's argument that § 921.1402(2)(a)'s prohibition on 25-year sentence reviews for juveniles with . . . These remand instructions necessarily include applying § 921.1402(2)(a)'s express prohibition on 25-year . . .

KATWAROO, v. STATE, 237 So. 3d 446 (Fla. App. Ct. 2018)

. . . wrong rule because rule 3.802 applies only after a juvenile has been resentenced pursuant to section 921.1402 . . . the instant motion as a rule 3.800(a) motion and to hold a resentencing hearing pursuant to section 921.1402 . . .

WIRTH, a k a v. STATE, 235 So. 3d 1057 (Fla. Dist. Ct. App. 2018)

. . . Florida, 560 U.S. 48, 75, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), and section 921.1402(2)(d), Florida . . .

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)

. . . under section 775.082(3)(c), and make the necessary findings in accordance with sections 921.1401 and 921.1402 . . . Id. § 921.1402(6). . . . These principles thus require that if there is a conflict, sections 775.082 and 921.1402, which are more . . . At that judicial review, after considering the enumerated factors of section 921.1402(6) along with any . . . See § 921.1402(2)(c), Fla. Stat. (2015). . . . for Burrows, I would affirm Appellant’s sentence, and would not reach the interplay between sections 921.1402 . . . cannot join all of the majority’s reasoning, I agree with the majority’s ultimate reading of sections 921.1402 . . .

HENRY, v. STATE, 235 So. 3d 969 (Fla. Dist. Ct. App. 2017)

. . . See § 921.1402(2)(d), Fla. Stat. (2014); Tyson v. State, 199 So.3d 1087, 1089 (Fla. 5th DCA 2016). . . .

EJAK, v. STATE, 230 So. 3d 566 (Fla. Dist. Ct. App. 2017)

. . . motion in part and amended Ejak’s sentence to provide for subsequent judicial review pursuant to section 921.1402 . . .

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

. . . resentencing provisions of chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401, and 921.1402 . . .

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

. . . be resentenced under the juvenile sentencing guidelines codified in sections 775.082, 921.1401, and 921.1402 . . .

MATIAS, v. STATE, 228 So. 3d 677 (Fla. Dist. Ct. App. 2017)

. . . Stat. 921.1402.” . . . After receiving this application, it is mandatory for a trial court to conduct the review. § 921.1402 . . . Matías, the problem in the present case is that section 921.1402(1) specifically provides that it applies . . . Therefore, based on a strict reading of section 921.1402, Mr. . . . Matías is entitled to a judicial review hearing pursuant to section 921.1402 after Mr. . . .

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

. . . pursuant to chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . .

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

. . . Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .

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

. . . Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .

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

. . . sentencing court, arguing that he should have been sentenced based on the guidelines in Graham and section 921.1402 . . . denied the motion because appellant’s offense predated the July 1, 2014 offense date stated in section 921.1402 . . . Here, the trial court denied appellant’s postconviction motion to be sentenced under section 921.1402 . . . sentencing procedures set forth in chapter 2014-220, Laws of Florida, as codified in sections 921.1401 and 921.1402 . . .

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

. . . Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .

COOK, v. STATE, 225 So. 3d 268 (Fla. Dist. Ct. App. 2017)

. . . judge recognized that appellant would be entitled to a meaningful review of his sentence under section 921.1402 . . . shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402 . . .

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

. . . to the trial court for the appropriate resentencing under sections 775.082(1)(b)(1), 921.1401, and 921.1402 . . .

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

. . . decisions in Henry and Atwell, he is entitled to resentencing pursuant to sections 775.082, 921.1401 and 921.1402 . . .

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

. . . embrace all of the provisions of chapter 2014-220 [which was codified in sections 775.082, 921.1401, and 921.1402 . . .

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

. . . sentenced pursuant to the juvenile offender sentencing laws codified at sections 775.082, 921.1401, and 921.1402 . . .

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

. . . Pursuant to section 921.1402, a juvenile sentenced to life (or beyond certain thresholds) is entitled . . . petitioner’s sentence would be subject to review after 20 years and, if necessary, 10 years thereafter. § 921.1402 . . . He argues that, although the legislature enacted sections 921.1401 and 921.1402 to satisfy the requirements . . .

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

. . . The trial court also ordered a “sentence review hearing” to occur after 25 years, pursuant to section 921.1402 . . . However, a life sentence with future judicial review, as provided by section 921.1402, Florida Statutes . . . seventeen, is REVERSED and REMANDED for resentencing, including the judicial review provided for by section 921.1402 . . .

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

. . . trial court, that Florida’s juvenile sentencing statutes, codified in sections 775.082, 921.1401, and 921.1402 . . . See § 921.1402(2)(c), Fla. Stat. (2014). . . . Young committed this crime, he was on probation on a separate charge of robbery with a firearm. . § 921.1402 . . . Stat. (2014). . § 921.1402(2)(d), Fla. Stat. (2014). . § 921.1402(2)(c), Fla. . . .

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

. . . of Florida, the relevant provisions of which have been codified in sections 775.082, 921.1401, and 921.1402 . . .

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

. . . pursuant to chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . .

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

. . . resentenced under chapter 2014-220, Laws of Florida, as codified in sections 775.082, 921.1401, and 921.1402 . . . conformance with chapter 2014-220, Laws of Florida, as codified in sections 775.082, 921.1401, and 921.1402 . . .

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

. . . which must be vacated and entitled him to be resentenced pursuant to sections 775.082, 921.1401, and 921.1402 . . .

LEPPERT, v. STATE, 215 So. 3d 146 (Fla. Dist. Ct. App. 2017)

. . . Pursuant to section 921.1402(2)(d), Florida Statutes (2016), Leppert was entitled to a review of her . . . robbery and burglary convictions after twenty years. § 921.1402(2)(d), Fla. . . .

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

. . . Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .

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

. . . remand for resen-tencing pursuant to chapter 14-220 as codified in sections 775.082, 921.1401, and 921.1402 . . .

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

. . . reverse the mandatory life sentence and remand for sentencing under sections 775.082, 921.1401, and 921.1402 . . . consideration of the individual circumstances concerning the juvenile and the crime. §§ 775.082, 921.1401, 921.1402 . . .

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)

. . . possibility of parole are entitled to resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . . eligibility after twenty-five years was entitled to be resentenced under sections 775.082, 921.1401, and 921.1402 . . . denying Edwards’ motion and remand for re-sentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .

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

. . . life with the possibility of parole are entitled to resentencing pursuant to sections 921.1401 and 921.1402 . . .

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

. . . further remand to the circuit court “for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .

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

. . . with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . .

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

. . . pursuant to this subparagraph is entitled to a review of his or her sentence in accordance with s. 921.1402 . . . imprisonment of more than 15 years is entitled to a review of his or her sentence in accordance with s. 921.1402 . . . shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402 . . .

GRANTLEY, v. STATE, 211 So. 3d 301 (Fla. Dist. Ct. App. 2017)

. . . resentencing under the juvenile sentencing legislation codified in Florida Statutes sections 77.082(3)(c) and 921.1402 . . .

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

. . . However, I disagree with the majority view that, pursuant to section 921.1402, Florida Statutes (2015 . . . , he was entitled to, and did, receive a sentence review hearing on this charge pursuant to section 921.1402 . . . Subsequently, during the judicial review hearing under section 921.1402(2)(c), Appellant did not object . . . the trial court's lack of jurisdiction to review the sentences in counts two and three under section 921.1402 . . . Even if they were, a 112.7 month sentence does not trigger a sentence review hearing under section 921.1402 . . . trial court erred when, during a juvenile offender's sentence review hearing held pursuant to section 921.1402 . . . direction, the following day, Appellant filed an application for sentence review pursuant to sections 921.1402 . . . See § 921.1402(7), Fla. Stat. (2015). Appellant has raised two other issues in this appeal. . . . See §§ 775.082(1)(b) 2.; 921.1402 (2)(c), Fla. Stat. (2015). . . . reasonably believing that he is fit to reenter society, the trial court was required under section 921.1402 . . .

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

. . . with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . . The State argues that “other than [Miller] being entitled to a sentence review hearing under section 921.1402 . . . Section 921.1402(1) provides that "[f]or purposes of this section, the term ‘juvenile offender’ means . . . Both section 921.1402 and section 775.082 are interrelated. . . . Section 921.1402(2)(a) specifically refers and incorporates sentencing under the revised version of section . . .

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

. . . in conformance with chapter 14-220, Laws of Florida, as codified in sections 775.082, 921.1401, and 921.1402 . . .

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)

. . . Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .

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

. . . ) (citing Atwell and remanding for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . . conformance with chapter 2014-220, Laws of Florida, which was codified in sections 775.082, 921.1401, and 921.1402 . . .

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

. . . with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . . section 775.082(1)(b)(1), Florida Statutes (2016), section 921.1401, Florida Statutes (2014), and section 921.1402 . . .

ABRAHAM, v. STATE, 205 So. 3d 887 (Fla. Dist. Ct. App. 2016)

. . . State, 175 So.3d 380, 382 (Fla. 5th DCA 2015); § 921.1402(2)(d), Fla. Stat. (2015). . . .

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

. . . includes, in most instances, the benefit of judicial review of the sentence as set forth in section 921.1402 . . . See § 921.1402(2)(a), Fla. . . . resentencing pursuant to chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401 and 921.1402 . . .

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

. . . opportunity for release as provided for in section 775.082(l)(b)(l), Florida Statutes (2014), and section 921.1402 . . . Miller violation was resentencing the juvenile offender pursuant to sections 775.082, 921.1401 and 921.1402 . . . and remand to the trial court for the appropriate resentencing under sections 775.082(1)(b)(1) and 921.1402 . . .

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

. . . life with the possibility of parole are entitled to resentencing pursuant to sections 921.1401 and 921.1402 . . .

WAITERS, Jr. v. STATE, 210 So. 3d 209 (Fla. Dist. Ct. App. 2016)

. . . State, 160 So.3d 393 (Fla.2015), he was entitled to be sentenced under section 921.1402, Florida Statutes . . . Horsley held that section 921.1402 applies to all juvenile offenders whose sentences are unconstitutional . . . sentence is not unconstitutional under Miller and he was not entitled to be sentenced under section 921.1402 . . . Section 921.1402 provides for review of a juvenile’s sentence to allow the juvenile an opportunity to . . . Whether Waiters was entitled to be sentenced under section 921.1402 hinges on what the Florida Supreme . . .

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 . . . resentencing in conformance with chapter 2014-220, which was codified in sections 775.082, 921.1401, and 921.1402 . . .

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

. . . with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . .

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

. . . outlined in chapter 2014-220, Laws of Florida, which are codified in sections 775.082, 921.1401, and 921.1402 . . . )(3), it made a written finding that Ejak was eligible for a sentence, review hearing under section 921.1402 . . .