Walling v. State

WRIGHT, WILLIAM L., Associate Judge,

concurring.

I concur in the majority’s decision to remand for resentencing pursuant to Miller v. Alabama, — U.S. -, -, 132 S.Ct. 2455, 2468, 183 L.Ed.2d 407 (2012). I also agree with Judge Wolfs concurring opinion in Washington v. State, 103 So.3d 917 (Fla. 1st DCA 2012) that some guidance should be given to trial judges facing resentencing decisions.

I do not agree with the State’s position that statutory revival now requires the trial judge to resentence appellant to life in prison without the possibility of parole for 25 years. See, § 775.082(1), Fla.…