Ryan M. Ray v. State
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED RYAN M. RAY, Appellant, v. Case No. 5D12-4525 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed June 13, 2014 Appeal from the Circuit Court for Lake County, Lawrence J. Semento, Judge. James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Ryan Ray (defendant) appeals his life sentence without the possibility of parole, which was imposed by the trial court after a jury found him guilty of committing the crimes of felony murder and robbery. The defendant was a juvenile (age 16) at the time the crimes were committed, but he was tried as an adult. At the time of sentencing, the trial court did not have the benefit of our decision in Horsley v. State, 121 So. 3d 1130 (Fla. 5th DCA 2013) (holding that the only sentencing option in juvenile murder cases is life imprisonment with the possibility of parole after twenty-five years). Accordingly, we affirm the defendant's conviction, but reverse his life sentence and remand for the imposition of a sentence of life imprisonment with the possibility of parole after twenty-five years as required by Horsley. REVERSED and REMANDED. SAWAYA, PALMER and BERGER, JJ., concur. 2
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