Opinion
No. 1D14–1473.
11-13-2015
Christopher Lee JONES, Appellant, v. STATE of Florida, Appellee.
Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Virginia Harris, Assistant Attorney General, Tallahassee, for Appellee.
Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Virginia Harris, Assistant Attorney General, Tallahassee, for Appellee.
Opinion
PER CURIAM.
As the supreme court has determined that Miller v. Alabama, –––U.S. ––––, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), applies retroactively, we affirm the trial court's order on appeal, but without prejudice to the appellant filing a timely rule 3.850 motion seeking an individualized resentencing hearing pursuant to Horsley v. State, 160 So.3d 393 (Fla.2015), for the sentence imposed for his first-degree murder conviction. See Falcon v. State, 162 So.3d 954 (Fla.2015). We note that the trial court has already correctly determined that the appellant is also entitled to be resentenced for the armed robbery conviction. See Lawton v. State, 40 Fla. L. Weekly S195, 181 So.3d 452, 2015 WL 1565725 (Fla. Apr. 9, 2015).
AFFIRMED.
WOLF, WETHERELL, and MARSTILLER, JJ., concur.