Bennie Louis Robbins, III vs State of Florida

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BENNIE LOUIS ROBBINS, III, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D14-2355 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed August 11, 2015. An appeal from the Circuit Court for Escambia County. Terry D. Terrell, Judge. Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Bureau Chief, Criminal Appeals, Tallahassee, for Appellee. ON MOTION FOR CLARIFICATION PER CURIAM. In consideration of the State’s motion for clarification, we withdraw our prior opinion and substitute this opinion in its stead. In this direct appeal, Appellant, Bennie Louis Robbins, III, raises several challenges to his convictions and sentences that arose out of offenses that occurred in 2012 when he was a juvenile. Relying on the doctrine of statutory revival, the trial court sentenced Appellant to life imprisonment with the possibility of parole after twenty-five years for his first-degree felony murder conviction. After this sentence was imposed, the supreme court declined to adopt the doctrine of statutory revival. Horsley v. State, 160 So. 3d 393, 406-08 (Fla. 2015). Accordingly, we reverse that sentence consistent with the decision in Miller v. Alabama, 132 S.Ct. 2455 (2012). On remand, the trial court should resentence Appellant in conformance with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes. See Horsley, 160 So. 3d at 40506. All other issues raised on appeal are affirmed without further comment. AFFIRMED in part, REVERSED in part, and REMANDED. ROWE, RAY, and OSTERHAUS, JJ., CONCUR. 2

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