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Blount v. State

District Court of Appeal of Florida, Second District.
Feb 28, 2018
238 So. 3d 913 (Fla. Dist. Ct. App. 2018)
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Summary

reversing and remanding upon State's concession that resentencing was warranted for juvenile nonhomicide offender sentenced to forty years' imprisonment

Summary of this case from Gage v. State
See 5 Summaries

Opinion

Case No. 2D17–1949

02-28-2018

Rachaun BLOUNT, DOC# H45167, Appellant, v. STATE of Florida, Appellee.

Anthony M. Candela of Candela Law Firm, P.A., Riverview, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Peter Koclanes, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Anthony M. Candela of Candela Law Firm, P.A., Riverview, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Peter Koclanes, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Rachaun Blount appeals an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a), in which he argued that he was entitled to resentencing with respect to his forty-year concurrent sentences for nonhomicide offenses that he committed when he was sixteen years old. The State correctly concedes that Mr. Blount is entitled to resentencing, and we reverse the order denying Mr. Blount's motion and remand for resentencing under the new juvenile sentencing guidelines in accordance with Johnson v. State, 215 So.3d 1237 (Fla. 2017), and Mosier v. State, 235 So.3d 957 (Fla. 2d DCA Oct. 13, 2017).

Ch. 2014–220, §§ 1–3, at 2869–75, Laws of Fla., codified at §§ 775.082, 921.1401, 921.1402, Fla. Stat. (2014).

Reversed and remanded.

KHOUZAM, MORRIS, and SLEET, JJ., Concur.

Summaries of

Blount v. State

District Court of Appeal of Florida, Second District.
Feb 28, 2018
238 So. 3d 913 (Fla. Dist. Ct. App. 2018)

reversing and remanding upon State's concession that resentencing was warranted for juvenile nonhomicide offender sentenced to forty years' imprisonment

Summary of this case from Gage v. State

reversing the denial of a rule 3.800 motion to correct juvenile nonhomicide sentences of 40 years in prison and remanding for resentencing pursuant to Johnson

Summary of this case from Tillman v. State

reversing the denial of a rule 3.800 motion to correct juvenile nonhomicide sentences of 40 years in prison and remanding for resentencing pursuant to Johnson

Summary of this case from Hart v. State

reversing the denial of a rule 3.800 motion to correct juvenile nonhomicide sentences of 40 years in prison and remanding for resentencing pursuant to Johnson

Summary of this case from Tillman v. State

In Blount v. State, 238 So.3d 913, 913-14 (Fla. 2d DCA 2018), we reversed the postconviction court's order denying Blount's rule 3.800(a) motion and remanded for resentencing under the then new juvenile sentencing guidelines.

Summary of this case from Blount v. State
Case details for

Blount v. State

Case Details

Full title:Rachaun BLOUNT, DOC# H45167, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Second District.

Date published: Feb 28, 2018

Citations

238 So. 3d 913 (Fla. Dist. Ct. App. 2018)

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