Lee v. State
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Defendant, who was serving a forty-year sentence for a nonhomicide crime that he committed when he was a juvenile, was entitled to be resentenced under the juvenile sentencing provisions of chapter 2014-220, Laws of Florida.
Defendant was fifteen years old when he committed the crime of attempted first-degree murder. Because Fla. Stat. 775.087 applied, the trial court classified the offense as a life felony and sentenced Defendant to life without parole. After the United States Supreme Court’s decision in Graham v. Florida, 560 U.S. 48 (2010), Defendant filed a motion to correct illegal sentence, which the trial court granted. Upon resentencing, a successor trial judge sentenced defendant to forty years’ imprisonment with a twenty-five year minimum mandatory sentence. The Second District Court of Appeal affirmed. The Supreme Court held that Defendant, who was resentenced after Graham but before the Legislature passed chapter 2014-220, was entitled to resentencing where his sentence did not provide him an opportunity to obtain early release based on a demonstration of maturity and rehabilitation before the expiration of the imposed term.
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