BERNY SERRANO vs State of Florida

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BERNY SERRANO, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D14-5789 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed July 27, 2015. An appeal from an order of the Circuit Court for Levy County. Mark W. Moseley, Judge. Berny Serrano, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Bureau Chief – Criminal Appeals, Tallahassee, for Appellee. PER CURIAM. As the supreme court has determined that Miller v. Alabama, 132 S.Ct. 2455 (2012), applies retroactively, we affirm the trial court’s order on appeal, but without prejudice to the appellant filing a timely rule 3.850 motion seeking an individualized resentencing hearing pursuant to Horsley v. State, 160 So. 3d 393 (Fla. 2015). See Falcon v. State, 2015 WL 1239365 (Fla. Mar. 19, 2015). AFFIRMED. ROWE, SWANSON, and BILBREY, JJ., CONCUR. 2

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