Walling v. State
District Court of Appeal of Florida
1Opinion of the CourtBenton, C.J.
Appellant Kyle Walling appeals his sentence of life without the possibility of parole for a first-degree felony murder committed when he was sixteen, imposed under a mandatory sentencing scheme. Based on Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), the state concedes that his sentence is illegal, as a federal constitutional matter. On this issue alone, we reverse and remand for resentencing, following the precedent recently laid down in Washington v. State, 103 So.3d 917 (Fla. 1st DCA 2012).
The crime occurred in March of 2010. Although appellant was waiting a few…
Also in this document: Concurrence.
2Cases cited12 opinions
- Arizona v. FulminanteSupreme Court of the United States · 1991
- Miller v. AlabamaSupreme Court of the United States · 2012
- Roper v. SimmonsSupreme Court of the United States · 2005
- Graham v. FloridaSupreme Court of the United States · 2010
- Coker v. GeorgiaSupreme Court of the United States · 1977
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3Cited by6 opinions
- State of Florida v. Anthony Duwayne Horsley, Jr.Supreme Court of Florida · 2015
- Horsley v. StateDistrict Court of Appeal of Florida · 2013
- Raymond M. Austin v. State of FloridaDistrict Court of Appeal of Florida · 2014
- Anthony Michael Ortiz v. State of FloridaDistrict Court of Appeal of Florida · 2016
- AIDEN S. FUCCI vs STATE OF FLORIDADistrict Court of Appeal of Florida · 2023
1 more not listed; retrieve them via the Exa API.