The 2023 Florida Statutes (including Special Session C)
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. . . hearing after twenty-five years from the date of his original sentencing in accordance with section 921.1402 . . .
. . . review after twenty-five years pursuant to the juvenile sentencing laws, sections 775.082, 921.1401, and 921.1402 . . .
. . . enacted in chapter 2014-220, Laws of Florida, which have been codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . 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 . . .
. . . juvenile, he is entitled to have his sentenced reviewed pursuant to sections 775.082, 921.1401, and 921.1402 . . .
. . . early release with a review hearing to be conducted in accordance with sections 775.082 (1)(b)1. and 921.1402 . . .
. . . .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 . . .
. . . 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 . . .
. . . judicial review under chapter 2014-220, Laws of Florida, as codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . Graham resentencing context, a defendant's 45-year sentence without the benefit of review under section 921.1402 . . .
. . . 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 . . .
. . . 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 . . .
. . . He is not therefore entitled to resentencing under section 921.1402, Florida Statutes. In State v. . . .
. . . He is not therefore entitled to resentencing under section 921.1402, Florida Statutes. In State v. . . .
. . . 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 . . .
. . . Presently codified at sections 775.082, 921.1401, and 921.1402, Florida Statutes (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 . . .
. . . 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 . . .
. . . . §§ 775.082(3)(c); 921.1402(2)(d), Fla. Stat. (2015) ; see also Kelsey v. . . .
. . . sentencing provisions in chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . with the proviso that he could petition the court for review after twenty-five years under section 921.1402 . . .
. . . 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 . . .
. . . for early release with a review hearing to be held in accordance with sections 775.082(1)(b)1. and 921.1402 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . corrected sentencing documents granting Appellant a twenty-year sentencing review pursuant to section 921.1402 . . .
. . . 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 . . .
. . . 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 . . .
. . . Legislature enacted chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . for a review hearing without also holding a resentencing hearing under sections 775.082, 921.1401 and 921.1402 . . .
. . . 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 . . .
. . . for a review hearing without also holding a resentencing hearing under sections 775.082, 921.1401 and 921.1402 . . .
. . . Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . Ch. 2014-220, §§ 1-3, at 2869-75, Laws of Fla., codified at §§ 775.082, 921.1401, 921.1402, Fla. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . Florida, 560 U.S. 48, 75, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), and section 921.1402(2)(d), Florida . . .
. . . Chapter 2014-220, Laws of Florida, is codified in sections 775.082, 921.1401; and 921.1402, Florida Statutes . . .
. . . 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 . . .
. . . See § 921.1402(2)(d), Fla. Stat. (2014); Tyson v. State, 199 So.3d 1087, 1089 (Fla. 5th DCA 2016). . . .
. . . motion in part and amended Ejak’s sentence to provide for subsequent judicial review pursuant to section 921.1402 . . .
. . . resentencing provisions of chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . be resentenced under the juvenile sentencing guidelines codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . 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. . . .
. . . pursuant to chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .
. . . Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .
. . . 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 . . .
. . . Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .
. . . 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 . . .
. . . to the trial court for the appropriate resentencing under sections 775.082(1)(b)(1), 921.1401, and 921.1402 . . .
. . . decisions in Henry and Atwell, he is entitled to resentencing pursuant to sections 775.082, 921.1401 and 921.1402 . . .
. . . embrace all of the provisions of chapter 2014-220 [which was codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . sentenced pursuant to the juvenile offender sentencing laws codified at sections 775.082, 921.1401, and 921.1402 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . of Florida, the relevant provisions of which have been codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . pursuant to chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . 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 . . .
. . . which must be vacated and entitled him to be resentenced pursuant to sections 775.082, 921.1401, and 921.1402 . . .
. . . 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. . . .
. . . Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .
. . . remand for resen-tencing pursuant to chapter 14-220 as codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . 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 . . .
. . . . §§ 775.082, 921.1401, 921.1402, Fla. Stat. (2016). . . . .
. . . 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 . . .
. . . life with the possibility of parole are entitled to resentencing pursuant to sections 921.1401 and 921.1402 . . .
. . . further remand to the circuit court “for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .
. . . with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . 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 . . .
. . . resentencing under the juvenile sentencing legislation codified in Florida Statutes sections 77.082(3)(c) and 921.1402 . . .
. . . 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 . . .
. . . 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 . . .
. . . in conformance with chapter 14-220, Laws of Florida, as codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . Wells is entitled to resentenc-ing pursuant to sections 775.082, 921.1401, and 921.1402, Florida Statutes . . .
. . . Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .
. . . ) (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 . . .
. . . 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 . . .
. . . State, 175 So.3d 380, 382 (Fla. 5th DCA 2015); § 921.1402(2)(d), Fla. Stat. (2015). . . .
. . . 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 . . .
. . . 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 . . .
. . . life with the possibility of parole are entitled to resentencing pursuant to sections 921.1401 and 921.1402 . . .
. . . 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 . . .
. . . 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 . . .
. . . with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . 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 . . .