Legal Opinion

O'Neal v. State

District Court of Appeal of Florida

Decided February 8, 2017No. 4D14-602PublishedCited by 1 opinion

1Per curiam

We withdraw our previously issued opinion and substitute the following in its place.

We reverse the trial court’s order denying Rogyne O’Neal’s motion to correct his life sentence for a murder he committed as a juvenile in 2001. In Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 2469, 183 L.Ed.2d 407 (2012), the Supreme Court held that life sentences (without the possibility of parole) for juvenile homicide offenders were unconstitutional. This court held in Cotto v. State, 141 So.3d 615, 617 (Fla. 4th DCA 2014), and the Florida Supreme Court held in Falcon v. State, 162 So.3d 954, 962 (Fla.…

2Cases cited5 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. Graham v. FloridaSupreme Court of the United States · 2010
  3. Rebecca Lee Falcon v. State of FloridaSupreme Court of Florida · 2015
  4. Thomas Kelsey v. State of FloridaSupreme Court of Florida · 2016
  5. Cotto v. StateDistrict Court of Appeal of Florida · 2014

3Cited by1 opinion

  1. NOELSON ANDREVIL v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2017

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