Andre Robinson 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 ANDRE ROBINSON, Appellant, v. Case No. 5D17-1801 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 27, 2018 Appeal from the Circuit Court for St. Johns County, Howard M. Maltz, Judge. David J. Joffe, of Joffe Law, P.A., Ft. Lauderdale, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Andre Robinson appeals his sentences for manslaughter with a firearm 1 and robbery with a weapon,2 imposed after his entry of a no contest plea. 1 §§ 775.087(1)(b), 782.07(1), Fla. Stat. (2015). 2 § 812.13(2)(b), Fla. Stat. (2015). Robinson committed these crimes when he was sixteen years of age. We affirm the concurrent twenty-two-year prison sentences imposed by the trial court, but reverse in part and remand for resentencing solely to provide for a judicial review hearing after twenty years to allow for the possibility of early release. See Kelsey v. State, 206 So. 3d 5, 8 (Fla. 2016) (“[A]ll juvenile offenders whose sentences meet the standard defined by the Legislature in chapter 2014–220, a sentence longer than twenty years, are entitled to judicial review.”); see also Dinnall v. State, 43 Fla. L. Weekly D1538 (Fla. 5th DCA July 6, 2018); Montgomery v. State, 230 So. 3d 1256, 1263 (Fla. 5th DCA 2017); Burrows v. State, 219 So. 3d 910, 911 (Fla. 5th DCA 2017). AFFIRMED, in part; REVERSED, in part; and REMANDED with instructions. TORPY, EVANDER and EDWARDS, JJ., concur. 2

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