Legal Opinion

Falcon v. State

District Court of Appeal of Florida

Decided April 30, 2013No. 1D13-0034PublishedCited by 30 opinions

1Per curiam

Rebecca Lee Falcon currently serves a mandatory life sentence without parole for the first-degree murder she committed in 1999 when she was 15 years old. In August 2012, she filed a motion for postconviction relief and/or to correct illegal sentence, arguing that the United States Supreme Court’s recent decision in Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), should be given retroactive effect and that she should be resentenced following an individualized sentencing hearing.

The trial court properly denied relief, citing this Court’s decision in Gonzalez v. State, 101…

2Cases cited5 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. Geter v. StateDistrict Court of Appeal of Florida · 2012
  3. Gonzalez v. StateDistrict Court of Appeal of Florida · 2012
  4. People v. CarpMichigan Court of Appeals · 2012
  5. State v. SimmonsSupreme Court of Louisiana · 2012

3Cited by30 opinions

  1. Rebecca Lee Falcon v. State of FloridaSupreme Court of Florida · 2015
  2. Toye v. StateDistrict Court of Appeal of Florida · 2014
  3. Williams v. StateCourt of Criminal Appeals of Alabama · 2014
  4. Cotto v. StateDistrict Court of Appeal of Florida · 2014
  5. Mason v. StateDistrict Court of Appeal of Florida · 2014

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