Legal Opinion

Atwell v. State

District Court of Appeal of Florida

Decided November 13, 2013No. 4D13-1972PublishedCited by 42 opinions

1Per curiam

Angelo Atwell appeals the denial of his motion for postconviction relief. The motion was not under oath as required by rule 3.850(c), but the motion alleged an illegal sentence and also sought relief under rule 3.800(a). Because appellant is not entitled to relief under either rule, we affirm.

In this case, appellant was convicted in 1992 of first degree murder and armed robbery. He was sixteen years old at the time of the offenses. The court sentenced him to life in prison on both counts. Pursuant to section 775.082(1), Florida Statutes (1989), appellant’s conviction for the capital offense…

2Cases cited2 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. Graham v. FloridaSupreme Court of the United States · 2010

3Cited by42 opinions

  1. Angelo Atwell v. State of FloridaSupreme Court of Florida · 2016
  2. Cotto v. StateDistrict Court of Appeal of Florida · 2014
  3. McPherson v. StateDistrict Court of Appeal of Florida · 2014
  4. Howard v. StateDistrict Court of Appeal of Florida · 2015
  5. Landy v. StateDistrict Court of Appeal of Florida · 2016

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