Cuevas v. State, Case No. 2D16–1122
Decision Date | 09 March 2018 |
Docket Number | Case No. 2D16–1122 |
Citation | 241 So.3d 947 |
Parties | Brian CUEVAS, Appellant, v. STATE of Florida, Appellee |
Court | Florida District Court of Appeals |
BY ORDER OF THE COURT:
Upon consideration of appellant's motion for rehearing, for rehearing en banc, for clarification, and for certification filed on January 25, 2017, together with supplemental briefing ordered by this court, it is
ORDERED that appellant's motion is granted in part and denied in part. This court's opinion dated December 9, 2016, is withdrawn, and the attached opinion is substituted therefor. Appellant's request for clarification and for certification is denied as moot. The relief sought in the request for rehearing is identical to the relief sought in the request for rehearing en banc. Because we have granted the request for rehearing and provided the relief sought, the request for rehearing en banc is denied as moot.
v.
STATE OF FLORIDA, Appellee.
Opinion filed March 9, 2018.
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Michelle Sisco, Judge.
Brian Cuevas, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Kiersten E. Jensen, Assistant Attorney General, Tampa, for Appellee.
Brian Cuevas appeals the order summarily denying his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850(b)(2). We reverse and remand for resentencing.
In 2007, Cuevas entered guilty pleas to several nonhomicide offenses he committed when he was a juvenile. The trial court sentenced him to concurrent twenty-six-year terms of imprisonment. In his rule 3.850(b)(2) motion filed in 2015, Cuevas argued that his sentences are unconstitutional under Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), and Henry v. State, 175 So.3d 675 (Fla. 2015). The postconviction court denied Cuevas's motion, finding that his sentences were not "currently unconstitutional" and that the supreme court had not held that the new juvenile sentencing guidelines set forth in chapter 14–220, Laws of Florida, were retroactive.
Then in Johnson v. State, 215 So.3d 1237, 1243 (Fla. 2017), the supreme court clarified that its "reasoning in Kelsey supports a reading of Henry that a juvenile offender's sentence must provide an opportunity for early release that is meaningful, based on a demonstration of maturity and rehabilitation, and during his or her natural life." The court explained that a juvenile nonhomicide offender's sentence must not provide for release only at the end of the sentence or at a time beyond his or her natural life; the sentence must provide a meaningful opportunity for release based on a showing of maturity and rehabilitation. Id.
We note that the State recently conceded that a juvenile offender sentenced to thirty years' imprisonment for nonhomicide offenses was entitled to resentencing under Johnson and Kelsey. Mosier v. State, 235 So.3d 957 (Fla. 2d DCA 2017) ; accord Burrows v. State, 219 So.3d 910, 911 (Fla. 5th DCA 2017) ( ). Here, the State concedes that the sentences do not provide Cuevas with a meaningful opportunity for early release based on maturity and rehabilitation. Nevertheless, it argues that Johnson does not apply because Cuevas's sentences were imposed prior to Henry. We cannot agree with this...
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Hart v. State
...of any authority to the contrary.We affirm the trial court's order and certify conflict with the following decisions: Cuevas v. State , 241 So.3d 947 (Fla. Mar. 9, 2018) (reversing the denial of a rule 3.800(a) motion and concluding that a juvenile non-homicide offender's sentences of 26 ye......
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...(Fla. 4th DCA 2018), which certified conflict with the decisions of the Second and Fifth District Courts of Appeal in Cuevas v. State , 241 So. 3d 947 (Fla. 2d DCA 2018) ; Blount v. State , 238 So. 3d 913 (Fla. 2d DCA 2018) ; Mosier v. State , 235 So. 3d 957 (Fla. 2d DCA 2017) ; Alfaro v. S......
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Melvis v. State
...en banc. In his motion, he argues that our decision affirming his thirty-year sentence overlooked our holdings in Cuevas v. State, 241 So. 3d 947 (Fla. 2d DCA 2018) ; Blount v. State, 238 So. 3d 913 (Fla. 2d DCA 2018) ; Alfaro v. State, 233 So. 3d 515 (Fla. 2d DCA 2017) ; and Mosier v. Stat......
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Warthen v. State
...cases disagreeing with Pedroza . See Donahue v. State, 257 So.3d 1083 (Fla. 4th DCA 2018) (certifying conflict with Cuevas v. State , 241 So.3d 947 (Fla. 2d DCA 2018), Blount v. State , 238 So.3d 913 (Fla. 2d DCA 2018), Mosier v. State , 235 So.3d 957 (Fla. 2d DCA 2017), Alfaro v. State , 2......