Frazier v. State

Kelvin Frazier appeals the order summarily denying his motion seeking to vacate his sentence under Florida Rule of Criminal Procedure 3.850(b)(2) (providing an exception to the two-year time limit for newly established constitutional rights that have been held to apply retroactively). We reverse.

In his motion, Frazier alleged that he was entitled to relief under the Florida Supreme Court’s recent cases interpreting Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), because the trial court sentenced him to life imprisonment with the possibility of parole for a…