Legal Opinion

Roberson v. State

District Court of Appeal of Florida

Decided June 28, 2018No. Nos. 1D17–1795; 1D17–1796; 1D17–1797PublishedCited by 1 opinion

1Opinion of the CourtWolf, J.

This appeal stems from a mandatory resentencing of appellant required by Graham v. Florida , 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010). The trial court vacated appellant's life sentences and resentenced him to life in prison in accordance with section 921.1401, Florida Statutes. Appellant raises three issues on appeal: (I) whether the trial court erred in weighing and failing to weigh several factors *719before resentencing appellant to life in prison; (II) whether the trial court erred in denying appellant's request for a jury finding under section 921.1401 ; and (III) whether section…

2Cases cited4 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Graham v. FloridaSupreme Court of the United States · 2010
  3. Hurst v. FloridaSupreme Court of the United States · 2016
  4. Dontavious Lamar Copeland v. State of FloridaDistrict Court of Appeal of Florida · 2018

3Cited by1 opinion

  1. Kimothy Mark Simmons v. State of FloridaDistrict Court of Appeal of Florida · 2019

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