Legal Opinion

DiCicco v. State

District Court of Appeal of Florida

Decided March 31, 1989No. 89-00598Published

1Per curiam

Angelo DiCicco appeals the summary denial of his motion to correct sentence. We reverse.

DiCicco is presently serving a split sentence of twenty-two years incarceration followed by ten years probation. He argues that the sentence was imposed in violation of Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987). This court has previously held that Miller violations may be corrected via Florida Rule of Criminal Procedure 3.800(a) as amended in State v. Whitfield, 487 So.2d 1045 (Fla.1986). Du-pont v. State, 514 So.2d 1159 (Fla. 2d DCA 1987). DiCicco alleges (1) that the offenses…

2Cases cited11 opinions

  1. Miller v. FloridaSupreme Court of the United States · 1987
  2. State v. WhitfieldSupreme Court of Florida · 1986
  3. Smith v. StateSupreme Court of Florida · 1989
  4. Rowe v. StateDistrict Court of Appeal of Florida · 1986
  5. Roux v. StateDistrict Court of Appeal of Florida · 1984

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