Braxton v. State

Charles Braxton, Jr., appeals the order summarily denying his motion filed under Florida Rule of Criminal Procedure 3.850(b)(2), which provides an exception to the two-year time limit for newly established constitutional rights that have been held to apply retroactively. We reverse.

In 1987, a jury found Mr. Braxton guilty as charged of second-degree murder and of armed robbery. The trial court departed from the sentencing guidelines and imposed concurrent sentences of life imprisonment. In his postconviction motion, Mr. Braxton argued that because he was a juvenile at the time of the…