Legal Opinion

State v. Calix

District Court of Appeal of Florida

Decided April 25, 2018No. 3D16–2784PublishedCited by 1 opinion

1Per curiam

Affirmed. See Reid v. State, 42 Fla. L. Weekly D1216, 1217, --- So.3d ----, ----, 2017 WL 2348615 (Fla. 3d DCA May 31, 2017)1 ("[W]e read Atwell[ v. State, 197 So.3d 1040 (Fla. 2016) ] to reject the notion that Florida's current parole scheme provides the individualized consideration of a defendant's juvenile status required under Miller[ v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) ]. Since Atwell, and applying its holding, we have reversed trial court orders denying Miller postconviction claims even where, as in Reid's case, the presumptive parole release date was within…

2Cases cited3 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. Angelo Atwell v. State of FloridaSupreme Court of Florida · 2016
  3. Carter v. StateDistrict Court of Appeal of Florida · 2017

3Cited by1 opinion

  1. State v. CalixDistrict Court of Appeal of Florida · 2019

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