Wells v. State

James E. Wells appeals the order summarily denying his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850(b)(2). We reverse and remand for resentencing pursuant to the Florida Supreme Court’s decision in Atwell v. State, 197 So.3d 1040, 1050 (Fla. 2016). In Atwell, the supreme court concluded that Florida’s existing parole system does not provide the individualized sentencing consideration required by Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), for a juvenile offender sentenced to life imprisonment with parole eligibility after…