Legal Opinion

Mosier v. State

District Court of Appeal of Florida

Decided October 13, 2017No. Case 2D16-5457PublishedCited by 25 opinions

1Per curiam

Philip Mosier appeals the order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The State properly concedes that Mosier is entitled to reversal and remand for resentencing.

In his motion, Mosier argued that his concurrent sentences of thirty years’ imprisonment followed by ten years’ sexual offender probation for felony offenses he committed when he was sixteen years of age are unconstitutional under Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), and Henry v. State, 175 So.3d 675 (Fla. 2015). In denying…

2Cases cited2 opinions

  1. Thomas Kelsey v. State of FloridaSupreme Court of Florida · 2016
  2. Clyde E. Johnson v. State of FloridaSupreme Court of Florida · 2017

3Cited by25 opinions

  1. DENNIS L. HART v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  2. Blount v. StateDistrict Court of Appeal of Florida · 2018
  3. LINDA PEDROZA v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  4. Seays v. StateDistrict Court of Appeal of Florida · 2018
  5. Donahue v. StateDistrict Court of Appeal of Florida · 2018

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