Miller v. State

ON MOTION FOR REHEARING AND/OR CLARIFICATION

This cause is before us on the State of Florida’s Motion for Rehearing and/or Clarification. We deny the motion for rehearing, but withdraw our December 21, 2016 opinion and substitute this opinion in its place.

Miller appeals the trial court’s September 16, 2015 order denying his 3.850(b)(2) motion for post-conviction relief, arguing he is entitled to resentencing in conformance with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes. We reverse and remand.

Miller was found guilty…