Legal Opinion

Neely v. State

District Court of Appeal of Florida

Decided November 30, 2016No. 3D14-1052PublishedCited by 2 opinions

1Opinion of the CourtFernandez, J.

Cordero Neely appeals his life sentence without parole. We reverse Neely’s non-homicide and first-degree murder sentences and remand for resentencing because a life sentence for juvenile offenders is impermissible without a meaningful opportunity for release as provided for in section 775.082(l)(b)(l), Florida Statutes (2014), and section 921.1402, Florida Statutes (2015). We base our decision on statutory interpretation and juvenile sentencing jurisprudence for which we provide a brief overview.

Our discussion begins with Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012)…

2Cases cited6 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. Montgomery v. LouisianaSupreme Court of the United States · 2016
  3. State of Florida v. Anthony Duwayne Horsley, Jr.Supreme Court of Florida · 2015
  4. Angelo Atwell v. State of FloridaSupreme Court of Florida · 2016
  5. Rebecca Lee Falcon v. State of FloridaSupreme Court of Florida · 2015

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3Cited by2 opinions

  1. Miller v. StateDistrict Court of Appeal of Florida · 2017
  2. Wilkinson v. StateDistrict Court of Appeal of Florida · 2017

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