The 2023 Florida Statutes
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The jury found Sweet guilty of first-degree felony murder (Doc. 12-2 at 15), a capital felony that requires the imposition of a sentence of either death or life in prison without parole. §§ 782.04(1)(a) and 775.082(1), Fla. Stat. (2011). Because the homicide occurred when Sweet was seventeen, Roper v. Simmons, 543 U.S. 551 (2005), barred a sentence of death and Miller, 567 U.S. at 470, barred a mandatory sentence of life in prison without parole. The trial court sentenced Sweet to life in prison with review under § 921.1402, Fla. Stat., after twenty-five years. (Doc. 12-2 at 45, 708)The trial court's task at a sentence review hearing is singular: determine whether "the juvenile offender has been rehabilitated and is reasonably believed to be fit to reenter society." § 921.1402(7). To aid the trial court in completing this task, the statute requires the trial court to conduct an evidentiary hearing at which the juvenile can demonstrate that he has been "rehabilitated and is reasonably believed to be fit to reenter society." § 921.1402(6). If the juvenile offender demonstrates both rehabilitation and that he is fit to reenter society, the statute provides that the trial court "shall modify the sentence and impose a term of probation of at least 5 years." § 921.1402(7). Here, the trial court concluded that Murphy did not demonstrate either that he was rehabilitated or that he was fit to reenter society. On appeal Murphy argues, and we agree, that the trial court's conclusion was not supported by competent substantial evidence.The trial court also gave "great weight" to the lesser risk that Cruz poses to society currently than at his initial sentencing hearing, see § 921.1402(6)(b), and to his rehabilitation from mental illness from which he suffered at the time of the murder, see § 921.1402(6)(i). It gave "moderate weight" to Cruz's vocational, self-improvement, and self-rehabilitation activities, see § 921.1402(6)(g), and "some weight" to his showing of remorse, see § 921.1402(6)(e). But it also gave "great weight" to the continued emotional suffering of the victim's family, see § 921.1402(6)(c), as well as to the "circumstances of the crime and the role of the defendant," see § 921.1402(6)(d).We therefore reverse the order on review and remand for the trial court to reconsider White's motion for sentence review pursuant to section 921.1402 now that his currently pending direct appeal from his 2021 life sentence has been resolved by this court. See generally White v. State, No. 4D21-2620, 2023 WL 3640196 (Fla. 4th DCA May 25, 2023) (table case). On remand, the trial court may reconsider its disposition of the section 921.1402 motion without the need for further evidentiary proceedings.Importantly, the factors set forth in § 921.1401 differ from those in § 921.1402. Unlike in Purdy, the sentencing court here did not find that Boucher had been rehabilitated and was fit to reenter society, which is a factor relevant to sentence review pursuant to § 921.1402(7). Instead, the court correctly considered the factors set forth in § 921.1401 and found that there was a "possibility of rehabilitating the Defendant." See § 921.1401(2) ("In determining whether life imprisonment or a term of years equal to life imprisonment is an appropriate sentence, the court shall consider factors relevant to the offense and the defendant's youth and attendant circumstances, including, but not limited to . . . (j) The possibility of rehabilitating the defendant.").Richardson petitions for a writ of habeas corpus under 28 U.S.C. § 2254 and challenges his state court convictions for first-degree murder, armed kidnapping, and attempted robbery. (Doc. 1) An earlier order directed the Clerk to stay and administratively close this case because judicially noticed state court records showed that the trial court granted Richardson's request under Section 921.1402, Florida Statutes, Florida's juvenile sentencing statute, for a sentence review hearing. (Doc. 13)AFFIRMED. See § 921.1402(2)(d), Fla. Stat. 2022 ("A juvenile offender sentenced to a term of 20 years or more under s. 775.082(3)(c) is entitled to a review of his or her sentence after 20 years."); see also Weiand v. State, 277 So.3d 261, 262 (Fla. 5th DCA 2019) (using the original sentencing date to determine if defendant served requisite number of years).In sum, we affirm Defendant's convictions and sentences, but remand solely for (1) entry of a written order providing for judicial review of Defendant's sentence pursuant to section 921.1402(2)(d), Florida Statutes; and (2) clarification or correction of the written cost orders to conform with the oral pronouncement regarding the public defender fees/costs. Defendant does not need to be present for these ministerial acts. See Tumblin, 302 So.3d at 916; Walker, 288 So.3d at 696.In response to Graham and Miller, “the Florida Legislature unanimously enacted legislation in 2014 designed to bring Florida's juvenile sentencing statutes into compliance with the United States Supreme Court's recent Eighth Amendment juvenile sentencing jurisprudence.” Horsley v. State, 160 So.3d 393, 394 (Fla. 2015). This juvenile sentencing legislation is found in chapter 2014-2020, Laws of Florida, and has been codified in sections 921.1401 and 921.1402, Florida Statutes. Id. at 401. While the new legislation provides that juvenile offenders convicted of a capital, life, or first-degree felony homicide offense under section 775.082, Florida Statutes, may be sentenced to life imprisonment or a term of years equal to life imprisonment, the sentencing court must “consider factors relevant to the offense and the defendant's youth and attendant circumstances” before rendering the sentence. See § 921.1401(2), Fla. Stat. In addition to requiring that trial courts consider factors relevant to the defendant's youth, the new juvenile sentencing legislation provides that most juvenile offenders sentenced under section 775.082, Florida Statutes, to life in prison, the functional… . . . hearing after twenty-five years from the date of his original sentencing in accordance with section 921.1402 . . .
. . . review after twenty-five years pursuant to the juvenile sentencing laws, sections 775.082, 921.1401, and 921.1402 . . .
. . . enacted in chapter 2014-220, Laws of Florida, which have been codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . language in the resentencing order providing for sentence review after 25 years as required by section 921.1402 . . . shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402 . . .
. . . juvenile, he is entitled to have his sentenced reviewed pursuant to sections 775.082, 921.1401, and 921.1402 . . .
. . . early release with a review hearing to be conducted in accordance with sections 775.082 (1)(b)1. and 921.1402 . . .
. . . .3d at 252 ("[A]bsent a violation of Graham , there is no legal basis to retroactively apply section 921.1402 . . . juvenile-sentencing law would have meant McCrae would be eligible for a sentence review after twenty-five years. § 921.1402 . . .
. . . The defendant argues that his combined term of sixty-five years violates section 921.1402 of the Florida . . . enacted chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . . , the statutory review would have taken place in 2016, twenty five years after the 1991 sentence. § 921.1402 . . .
. . . judicial review under chapter 2014-220, Laws of Florida, as codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . Graham resentencing context, a defendant's 45-year sentence without the benefit of review under section 921.1402 . . .
. . . He also argued that he should be eligible for sentence review under section 921.1402-Florida's post- . . . ) held that "absent a violation of Graham , there is no legal basis to retroactively apply section 921.1402 . . . resentenced from life to term-of-years sentences after Graham , for crimes committed before [section 921.1402 . . .
. . . years, pursuant to chapter 2014-220, Laws of Florida, as codified in sections 775.082, 921.1401, and 921.1402 . . . thus, a juvenile offender who receives such a sentence is not entitled to resentencing under section 921.1402 . . .
. . . He is not therefore entitled to resentencing under section 921.1402, Florida Statutes. In State v. . . .
. . . He is not therefore entitled to resentencing under section 921.1402, Florida Statutes. In State v. . . .
. . . older were de facto life sentences and illegal under recent case law and sections 775.082(3)(c) and 921.1402 . . . under chapter 2014-220, Laws of Florida, which has been codified at sections 775.082, 921.1401, and 921.1402 . . . resentencing pursuant to chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401 and 921.1402 . . . to be resentenced pursuant to the provisions of chapter 2014-220, codified at sections 775.082 and 921.1402 . . .
. . . Presently codified at sections 775.082, 921.1401, and 921.1402, Florida Statutes (2018). . . .
. . . established in chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . . sentences for first-degree felonies to include judicial review pursuant to sections 775.082(3)(c) and 921.1402 . . .
. . . than twenty years, the court must provide a judicial review after twenty years, pursuant to section 921.1402 . . . she would still be entitled to a twenty-year statutory review of his or her sentence under section 921.1402 . . . At that judicial review, after considering the enumerated factors of section 921.1402(6) along with any . . . impose a term of probation of at least five years if the court determines modification is warranted. § 921.1402 . . .
. . . . §§ 775.082(3)(c); 921.1402(2)(d), Fla. Stat. (2015) ; see also Kelsey v. . . .
. . . sentencing provisions in chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . court erred by failing to include language in the resentencing order stating that pursuant to section 921.1402 . . . that the trial court should have provided for sentence review after 25 years as required by section 921.1402 . . .
. . . See §§ 775.082 and 921.1402, Fla. Stat. (2016). . . . the victim," is entitled to a review of his or her sentence after 25 years. §§ 775.082(3)(a) 5.a., 921.1402 . . . 775.082(3)(c) instead, which provides for a review of his sentence after 20 years. §§ 775.082(3)(c), 921.1402 . . .
. . . appeals from the trial court's order denying his motion for review of sentence pursuant to section 921.1402 . . . written order denying the motion, indicates that the court considered the factors outlined under section 921.1402 . . . Section 921.1402 states, in pertinent part: (6) Upon receiving an application from an eligible juvenile . . . The court's oral pronouncement did not expressly mention section 921.1402 or its factors by number or . . . See § 921.1402(7), Fla. . . .
. . . Legislature adopted chapter 2014-220, Laws of Florida, which is primarily codified in sections 921.1401 and 921.1402 . . . 921.1401 and is later afforded periodic judicial review of his or her sentence as provided in section 921.1402 . . .
. . . with the proviso that he could petition the court for review after twenty-five years under section 921.1402 . . .
. . . Relevant Statutes Sections 775.082, 921.1401, and 921.1402, Florida Statutes (2015), now provide special . . . Ch. 2014-220 (title); see also § 921.1402, Fla. . . . Section 921.1402(2)(a) then provides in pertinent part that "[a] juvenile sentenced under s. 775.082( . . . [for a capital felony] is entitled to review of his or her sentence after 25 years." § 921.1402(2)(a) . . . Consistent with sections 921.1402(2) and (4), Florida Statutes (2015), the trial court later conducted . . . See §§ 775.082, 921.1401, 921.1402, Fla. Stat. (2015) ; plurality op. at 725. . . . (emphasis added); see § 921.1402(2), (6), Fla. Stat. (2015). . . . Id. § 921.1402(7) (emphasis added). . . . and this Court's subsequent opinions in Henry and Horsley , courts reviewing sentences under section 921.1402 . . . By interpreting section 921.1402 in a way that permits sentencing courts to review the offender's "sentence . . .
. . . for early release with a review hearing to be held in accordance with sections 775.082(1)(b)1. and 921.1402 . . .
. . . 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), and its progeny, as well as sections 775.082(3)(c) and 921.1402 . . . such a sentence is contrary to the principles of Graham , its progeny, and sections 775.082(3)(c) and 921.1402 . . .
. . . entitled to be resentenced under chapter 2014-220, Laws of Florida, as codified in sections 921.1401 and 921.1402 . . . committed while a juvenile and remanding for resentencing pursuant to sections 775.082, 921.1401, and 921.1402 . . . Gorman's sentences and remand for resentencing pursuant to sections 921.1401 and 921.1402. . . .
. . . document that Wall is eligible for sentence review on this count after fifteen years under section 921.1402 . . . robbery with a deadly weapon, to reflect eligibility for sentence review after twenty years under section 921.1402 . . .
. . . See § 921.1402(2)(a), Fla. Stat. (2017). . . . Id. § 921.1402 (5) - (6). . . . See § 921.1402, Fla. Stat. (2017). . . . Id. § 921.1402(6). . . . See §§ 921.1401, 921.1402, Fla. Stat. (2018). Graham v. . . .
. . . Relying on section 921.1402, Florida Statutes, and rule 3.802(b)(3), Elkin applied for sentencing review . . . Instead, it erroneously concluded that Elkin could not take advantage of section 921.1402 because he . . . than 15 years" and entitles such defendants to a review after fifteen years in accordance with section 921.1402 . . .
. . . corrected sentencing documents granting Appellant a twenty-year sentencing review pursuant to section 921.1402 . . .
. . . it does not provide for a subsequent judicial review as required for juvenile offenders by section 921.1402 . . . that the trial court should have provided for sentence review after 25 years as required by section 921.1402 . . . shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402 . . .
. . . followed by life on probation, with a chance for judicial review after fifteen years pursuant to section 921.1402 . . . adopted chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . . Hall would be eligible for review of his sentence after fifteen years in prison pursuant to section 921.1402 . . . See § 921.1402(6)(f), Fla. Stat. (2014). . . . discharging firearm not unconstitutional if the defendant is granted judicial review provided by section 921.1402 . . .
. . . Legislature enacted chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . for a review hearing without also holding a resentencing hearing under sections 775.082, 921.1401 and 921.1402 . . .
. . . unconstitutional under Florida's juvenile offender sentencing laws, codified at sections 921.1401 and 921.1402 . . . cross-appeals, arguing that the trial court erred in providing Gabriel with a review hearing under section 921.1402 . . .
. . . for a review hearing without also holding a resentencing hearing under sections 775.082, 921.1401 and 921.1402 . . .
. . . Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .
. . . enacted chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . . offenses argued that his sentence violated Graham and that he was entitled to review under section 921.1402 . . . District concluded that the sentence did not violate Graham and without a Graham violation, section 921.1402 . . .
. . . offender, a judicial review hearing of his lengthy prison sentence under sections 775.082, 921.1401, and 921.1402 . . . precedent, we agree with Maxwell that he is entitled to a resentencing hearing pursuant to section 921.1402 . . .
. . . resentencing pursuant to chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401 and 921.1402 . . . remand for Cuevas to be resentenced under chapter 14-220 as codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . Ch. 2014-220, §§ 1-3, at 2869-75, Laws of Fla., codified at §§ 775.082, 921.1401, 921.1402, Fla. . . .
. . . pursuant to this subparagraph is entitled to a review of his or her sentence in accordance with s. 921.1402 . . . The session law also created section 921.1402, Florida Statutes (2017), which provides, in pertinent . . . pursuant to this subparagraph is entitled to a review of his or her sentence in accordance with s. 921.1402 . . . Further, under section 921.1402, a finding of actual killing, intent to kill, or attempt to kill entitles . . . review in fifteen years (provided the trial court imposes a sentence greater than fifteen years). § 921.1402 . . .
. . . See § 921.1402(2)(a), Fla. Stat. After sentencing, Mr. . . . Section 921.1402(2)(a) entitles a juvenile convicted of first-degree murder to a review of his or her . . . Copeland was "not entitled to" or "eligible for" a review of his sentence after 25 years. § 921.1402( . . . Copeland's argument that § 921.1402(2)(a)'s prohibition on 25-year sentence reviews for juveniles with . . . These remand instructions necessarily include applying § 921.1402(2)(a)'s express prohibition on 25-year . . .
. . . wrong rule because rule 3.802 applies only after a juvenile has been resentenced pursuant to section 921.1402 . . . the instant motion as a rule 3.800(a) motion and to hold a resentencing hearing pursuant to section 921.1402 . . .
. . . Florida, 560 U.S. 48, 75, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), and section 921.1402(2)(d), Florida . . .
. . . Chapter 2014-220, Laws of Florida, is codified in sections 775.082, 921.1401; and 921.1402, Florida Statutes . . .
. . . under section 775.082(3)(c), and make the necessary findings in accordance with sections 921.1401 and 921.1402 . . . Id. § 921.1402(6). . . . These principles thus require that if there is a conflict, sections 775.082 and 921.1402, which are more . . . At that judicial review, after considering the enumerated factors of section 921.1402(6) along with any . . . See § 921.1402(2)(c), Fla. Stat. (2015). . . . for Burrows, I would affirm Appellant’s sentence, and would not reach the interplay between sections 921.1402 . . . cannot join all of the majority’s reasoning, I agree with the majority’s ultimate reading of sections 921.1402 . . .
. . . See § 921.1402(2)(d), Fla. Stat. (2014); Tyson v. State, 199 So.3d 1087, 1089 (Fla. 5th DCA 2016). . . .
. . . motion in part and amended Ejak’s sentence to provide for subsequent judicial review pursuant to section 921.1402 . . .
. . . resentencing provisions of chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . be resentenced under the juvenile sentencing guidelines codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . Stat. 921.1402.” . . . After receiving this application, it is mandatory for a trial court to conduct the review. § 921.1402 . . . Matías, the problem in the present case is that section 921.1402(1) specifically provides that it applies . . . Therefore, based on a strict reading of section 921.1402, Mr. . . . Matías is entitled to a judicial review hearing pursuant to section 921.1402 after Mr. . . .
. . . pursuant to chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .
. . . Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .
. . . sentencing court, arguing that he should have been sentenced based on the guidelines in Graham and section 921.1402 . . . denied the motion because appellant’s offense predated the July 1, 2014 offense date stated in section 921.1402 . . . Here, the trial court denied appellant’s postconviction motion to be sentenced under section 921.1402 . . . sentencing procedures set forth in chapter 2014-220, Laws of Florida, as codified in sections 921.1401 and 921.1402 . . .
. . . Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .
. . . judge recognized that appellant would be entitled to a meaningful review of his sentence under section 921.1402 . . . shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402 . . .
. . . to the trial court for the appropriate resentencing under sections 775.082(1)(b)(1), 921.1401, and 921.1402 . . .
. . . decisions in Henry and Atwell, he is entitled to resentencing pursuant to sections 775.082, 921.1401 and 921.1402 . . .
. . . embrace all of the provisions of chapter 2014-220 [which was codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . sentenced pursuant to the juvenile offender sentencing laws codified at sections 775.082, 921.1401, and 921.1402 . . .
. . . Pursuant to section 921.1402, a juvenile sentenced to life (or beyond certain thresholds) is entitled . . . petitioner’s sentence would be subject to review after 20 years and, if necessary, 10 years thereafter. § 921.1402 . . . He argues that, although the legislature enacted sections 921.1401 and 921.1402 to satisfy the requirements . . .
. . . The trial court also ordered a “sentence review hearing” to occur after 25 years, pursuant to section 921.1402 . . . However, a life sentence with future judicial review, as provided by section 921.1402, Florida Statutes . . . seventeen, is REVERSED and REMANDED for resentencing, including the judicial review provided for by section 921.1402 . . .
. . . trial court, that Florida’s juvenile sentencing statutes, codified in sections 775.082, 921.1401, and 921.1402 . . . See § 921.1402(2)(c), Fla. Stat. (2014). . . . Young committed this crime, he was on probation on a separate charge of robbery with a firearm. . § 921.1402 . . . Stat. (2014). . § 921.1402(2)(d), Fla. Stat. (2014). . § 921.1402(2)(c), Fla. . . .
. . . of Florida, the relevant provisions of which have been codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . pursuant to chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . resentenced under chapter 2014-220, Laws of Florida, as codified in sections 775.082, 921.1401, and 921.1402 . . . conformance with chapter 2014-220, Laws of Florida, as codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . which must be vacated and entitled him to be resentenced pursuant to sections 775.082, 921.1401, and 921.1402 . . .
. . . Pursuant to section 921.1402(2)(d), Florida Statutes (2016), Leppert was entitled to a review of her . . . robbery and burglary convictions after twenty years. § 921.1402(2)(d), Fla. . . .
. . . Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .
. . . remand for resen-tencing pursuant to chapter 14-220 as codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . reverse the mandatory life sentence and remand for sentencing under sections 775.082, 921.1401, and 921.1402 . . . consideration of the individual circumstances concerning the juvenile and the crime. §§ 775.082, 921.1401, 921.1402 . . .
. . . . §§ 775.082, 921.1401, 921.1402, Fla. Stat. (2016). . . . .
. . . possibility of parole are entitled to resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . . eligibility after twenty-five years was entitled to be resentenced under sections 775.082, 921.1401, and 921.1402 . . . denying Edwards’ motion and remand for re-sentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .
. . . life with the possibility of parole are entitled to resentencing pursuant to sections 921.1401 and 921.1402 . . .
. . . further remand to the circuit court “for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .
. . . with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . pursuant to this subparagraph is entitled to a review of his or her sentence in accordance with s. 921.1402 . . . imprisonment of more than 15 years is entitled to a review of his or her sentence in accordance with s. 921.1402 . . . shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402 . . .
. . . resentencing under the juvenile sentencing legislation codified in Florida Statutes sections 77.082(3)(c) and 921.1402 . . .
. . . However, I disagree with the majority view that, pursuant to section 921.1402, Florida Statutes (2015 . . . , he was entitled to, and did, receive a sentence review hearing on this charge pursuant to section 921.1402 . . . Subsequently, during the judicial review hearing under section 921.1402(2)(c), Appellant did not object . . . the trial court's lack of jurisdiction to review the sentences in counts two and three under section 921.1402 . . . Even if they were, a 112.7 month sentence does not trigger a sentence review hearing under section 921.1402 . . . trial court erred when, during a juvenile offender's sentence review hearing held pursuant to section 921.1402 . . . direction, the following day, Appellant filed an application for sentence review pursuant to sections 921.1402 . . . See § 921.1402(7), Fla. Stat. (2015). Appellant has raised two other issues in this appeal. . . . See §§ 775.082(1)(b) 2.; 921.1402 (2)(c), Fla. Stat. (2015). . . . reasonably believing that he is fit to reenter society, the trial court was required under section 921.1402 . . .
. . . with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . . The State argues that “other than [Miller] being entitled to a sentence review hearing under section 921.1402 . . . Section 921.1402(1) provides that "[f]or purposes of this section, the term ‘juvenile offender’ means . . . Both section 921.1402 and section 775.082 are interrelated. . . . Section 921.1402(2)(a) specifically refers and incorporates sentencing under the revised version of section . . .
. . . in conformance with chapter 14-220, Laws of Florida, as codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . Wells is entitled to resentenc-ing pursuant to sections 775.082, 921.1401, and 921.1402, Florida Statutes . . .
. . . Court, this cause is remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . .
. . . ) (citing Atwell and remanding for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . . conformance with chapter 2014-220, Laws of Florida, which was codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . . section 775.082(1)(b)(1), Florida Statutes (2016), section 921.1401, Florida Statutes (2014), and section 921.1402 . . .
. . . State, 175 So.3d 380, 382 (Fla. 5th DCA 2015); § 921.1402(2)(d), Fla. Stat. (2015). . . .
. . . includes, in most instances, the benefit of judicial review of the sentence as set forth in section 921.1402 . . . See § 921.1402(2)(a), Fla. . . . resentencing pursuant to chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401 and 921.1402 . . .
. . . opportunity for release as provided for in section 775.082(l)(b)(l), Florida Statutes (2014), and section 921.1402 . . . Miller violation was resentencing the juvenile offender pursuant to sections 775.082, 921.1401 and 921.1402 . . . and remand to the trial court for the appropriate resentencing under sections 775.082(1)(b)(1) and 921.1402 . . .
. . . life with the possibility of parole are entitled to resentencing pursuant to sections 921.1401 and 921.1402 . . .
. . . State, 160 So.3d 393 (Fla.2015), he was entitled to be sentenced under section 921.1402, Florida Statutes . . . Horsley held that section 921.1402 applies to all juvenile offenders whose sentences are unconstitutional . . . sentence is not unconstitutional under Miller and he was not entitled to be sentenced under section 921.1402 . . . Section 921.1402 provides for review of a juvenile’s sentence to allow the juvenile an opportunity to . . . Whether Waiters was entitled to be sentenced under section 921.1402 hinges on what the Florida Supreme . . .
. . . Oct. 28, 2016) (remanding for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 . . . resentencing in conformance with chapter 2014-220, which was codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 . . .
. . . outlined in chapter 2014-220, Laws of Florida, which are codified in sections 775.082, 921.1401, and 921.1402 . . . )(3), it made a written finding that Ejak was eligible for a sentence, review hearing under section 921.1402 . . .