Richardson v. State

Full title: Andrew RICHARDSON, Appellant, v. STATE of Florida, Appellee.

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

Date published: Jun 11, 2014

161 So. 3d 457 (Fla. Dist. Ct. App. 2014)

Opinion

No. 2D13–1290.

06-11-2014

Andrew RICHARDSON, Appellant, v. STATE of Florida, Appellee.

Andrew Richardson, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

Andrew Richardson, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.

Opinion

NORTHCUTT, Judge.

Andrew Richardson appeals the postconviction court's order denying his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. Because Richardson alleged he received a mandatory sentence of life without the possibility of parole for a first-degree murder he committed at the age of seventeen, we reverse the postconviction court's order summarily denying the claim as untimely and remand the case for further proceedings consistent with Toye v. State, 133 So.3d 540 (Fla. 2d DCA 2014), and Miller v. Alabama, ––– U.S. ––––, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012).

Reversed and remanded.

SILBERMAN and CRENSHAW, JJ., Concur.