Opinion
Case No. SC01-837.
September 15, 2005.
Lower Tribunal No. 93-8494 CFA.
Jurisdiction in this case was relinquished on November 19, 2004, to the circuit court for a determination of mental retardation in accordance with Florida Rule of Criminal Procedure 3.203. The circuit court, having determined that the appellant, Willie Miller, meets the statutory definition of mental retardation, has returned this case to this Court. Because the State stipulated to the circuit court's finding and thus will not appeal this determination, we hereby vacate Miller's death sentence and remand this case to the circuit court for imposition of a life sentence without possibility of parole for twenty-five (25) years on the first-degree murder count, in accordance with section 774.082(1), Florida Statutes (1993).
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO and BELL, JJ., concur.