Gowins v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DEON GOWINS, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D13-2824 Opinion filed April 29, 2015. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; William Fuente, Judge. Howard L. Dimmig, II, Public Defender, and Maureen E. Surber, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Jason M. Miller, Assistant Attorney General, Tampa, for Appellee. ALTENBERND, Judge. Deon Gowins appeals the denial of his motion filed under Florida Rule of Criminal Procedure 3.800(a), challenging his life sentences for first-degree murder and robbery with a firearm. These offenses were allegedly committed in 1998 when Mr. Gowins was seventeen years old. The postconviction court properly denied this motion under the law of this district at the time the motion was filed. This court stayed this appeal pending the outcome of several cases in the Supreme Court of Florida that concerned issues related to juvenile life sentences. That court has now addressed those issues. See Falcon v. State, 40 Fla. L. Weekly S151 (Fla. Mar. 19, 2015); Horsley v. State, 40 Fla. L. Weekly S155 (Fla. Mar. 19, 2015); see also Gridine v. State, 40 Fla. L. Weekly S149 (Fla. Mar. 19, 2015); Henry v. State, 40 Fla. L. Weekly S147 (Fla. Mar. 19, 2015). It appears that Mr. Gowins may be entitled to relief under these cases. Accordingly, we lift our stay in this case, reverse the order on appeal, and remand for further proceedings in accordance with the recent cases. Reversed and remanded. CASANUEVA and SLEET, JJ., Concur. -2-

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