Florida Statute 921.1402 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

View Entire Chapter

F.S. 921.1402

921.1402 Review of sentences for persons convicted of specified offenses committed while under the age of 18 years.—

(1) For purposes of this section, the term “juvenile offender” means a person sentenced to imprisonment in the custody of the Department of Corrections for an offense committed on or after July 1, 2014, and committed before he or she attained 18 years of age.

(2)(a) A juvenile offender sentenced under s. 775.082(1)(b)1. is entitled to a review of his or her sentence after 25 years. However, a juvenile offender is not entitled to review if he or she has previously been convicted of one of the following offenses, or conspiracy to commit one of the following offenses, if the offense for which the person was previously convicted was part of a separate criminal transaction or episode than that which resulted in the sentence under s. 775.082(1)(b)1.:

1. Murder;

2. Manslaughter;

3. Sexual battery;

4. Armed burglary;

5. Armed robbery;

6. Armed carjacking;

7. Home-invasion robbery;

8. Human trafficking for commercial sexual activity with a child under 18 years of age;

9. False imprisonment under s. 787.02(3)(a); or

10. Kidnapping.

(b) A juvenile offender sentenced to a term of more than 25 years under s. 775.082(3)(a)5.a. or s. 775.082(3)(b)2.a. is entitled to a review of his or her sentence after 25 years.

(c) A juvenile offender sentenced to a term of more than 15 years under s. 775.082(1)(b)2., s. 775.082(3)(a)5.b., or s. 775.082(3)(b)2.b. is entitled to a review of his or her sentence after 15 years.

(d) 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. If the juvenile offender is not resentenced at the initial review hearing, he or she is eligible for one subsequent review hearing 10 years after the initial review hearing.

(3) The Department of Corrections shall notify a juvenile offender of his or her eligibility to request a sentence review hearing 18 months before the juvenile offender is entitled to a sentence review hearing under this section.

(4) A juvenile offender seeking sentence review pursuant to subsection (2) must submit an application to the court of original jurisdiction requesting that a sentence review hearing be held. The juvenile offender must submit a new application to the court of original jurisdiction to request subsequent sentence review hearings pursuant to paragraph (2)(d). The sentencing court shall retain original jurisdiction for the duration of the sentence for this purpose.

(5) A juvenile offender who is eligible for a sentence review hearing under this section is entitled to be represented by counsel, and the court shall appoint a public defender to represent the juvenile offender if the juvenile offender cannot afford an attorney.

(6) Upon receiving an application from an eligible juvenile offender, the court of original sentencing jurisdiction shall hold a sentence review hearing to determine whether the juvenile offender’s sentence should be modified. When determining if it is appropriate to modify the juvenile offender’s sentence, the court shall consider any factor it deems appropriate, including all of the following:

(a) Whether the juvenile offender demonstrates maturity and rehabilitation.

(b) Whether the juvenile offender remains at the same level of risk to society as he or she did at the time of the initial sentencing.

(c) The opinion of the victim or the victim’s next of kin. The absence of the victim or the victim’s next of kin from the sentence review hearing may not be a factor in the determination of the court under this section. The court shall permit the victim or victim’s next of kin to be heard, in person, in writing, or by electronic means. If the victim or the victim’s next of kin chooses not to participate in the hearing, the court may consider previous statements made by the victim or the victim’s next of kin during the trial, initial sentencing phase, or subsequent sentencing review hearings.

(d) Whether the juvenile offender was a relatively minor participant in the criminal offense or acted under extreme duress or the domination of another person.

(e) Whether the juvenile offender has shown sincere and sustained remorse for the criminal offense.

(f) Whether the juvenile offender’s age, maturity, and psychological development at the time of the offense affected his or her behavior.

(g) Whether the juvenile offender has successfully obtained a high school equivalency diploma or completed another educational, technical, work, vocational, or self-rehabilitation program, if such a program is available.

(h) Whether the juvenile offender was a victim of sexual, physical, or emotional abuse before he or she committed the offense.

(i) The results of any mental health assessment, risk assessment, or evaluation of the juvenile offender as to rehabilitation.

(7) If the court determines at a sentence review hearing that the juvenile offender has been rehabilitated and is reasonably believed to be fit to reenter society, the court shall modify the sentence and impose a term of probation of at least 5 years. If the court determines that the juvenile offender has not demonstrated rehabilitation or is not fit to reenter society, the court shall issue a written order stating the reasons why the sentence is not being modified.

History.—s. 3, ch. 2014-220; s. 97, ch. 2015-2.

F.S. 921.1402 on Google Scholar

F.S. 921.1402 on CourtListener

Amendments to 921.1402

Annotations, Discussions, Cases:

Cases Citing Statute 921.1402

Total Results: 121

Rodrick D. Williams v. State of Florida

242 So. 3d 280

Supreme Court of Florida | Filed: Feb 22, 2018 | Docket: 6312769

Cited 26 times | Published

Laws of Fla. The session law also created section 921.1402, Florida Statutes (2017), which provides,

State of Florida v. Budry Michel

257 So. 3d 3

Supreme Court of Florida | Filed: Jul 12, 2018 | Docket: 7417581

Cited 9 times | Published

offenders are not entitled to resentencing under section 921.1402, Florida Statutes. BACKGROUND

Angelo Atwell v. State of Florida

197 So. 3d 1040, 41 Fla. L. Weekly Supp. 244, 2016 WL 3010795, 2016 Fla. LEXIS 1124

Supreme Court of Florida | Filed: May 26, 2016 | Docket: 3067645

Cited 7 times | Published

at the time of the initial sentencing. But see § 921.1402(2)(a),: Fla. .Stat. (2015) (specifying certain

Curtis Hall v. State of Florida

248 So. 3d 1227

District Court of Appeal of Florida | Filed: Jun 4, 2018 | Docket: 7024344

Cited 4 times | Published

judicial review after fifteen years pursuant to section 921.1402, Florida Statutes (2014).

Kelsey v. State

183 So. 3d 439, 2015 Fla. App. LEXIS 8285, 2015 WL 3447138

District Court of Appeal of Florida | Filed: May 29, 2015 | Docket: 60253011

Cited 3 times | Published

appellant now seeks either resen-tencing under section 921.1402, Florida Statutes (2014), or judicial abolition

JAMES WARTHEN v. STATE OF FLORIDA

265 So. 3d 695

District Court of Appeal of Florida | Filed: Feb 27, 2019 | Docket: 14572892

Cited 2 times | Published

combined term of sixty-five years violates section 921.1402 of the Florida Statutes (2018). 1 We disagree

Davis v. State

199 So. 3d 546, 2016 Fla. App. LEXIS 13817, 2016 WL 4771440

District Court of Appeal of Florida | Filed: Sep 14, 2016 | Docket: 60256636

Cited 2 times | Published

Abrakata court refused to retroactively apply section 921.1402, which by its terms applies to offenses committed

Barnes v. State

175 So. 3d 380, 2015 WL 4366591, 2015 Fla. App. LEXIS 14104

District Court of Appeal of Florida | Filed: Sep 25, 2015 | Docket: 60250561

Cited 2 times | Published

sentence in accordance with s. 921.1402(2)(d). Section 921.1402(2)(d), provides: Review of sentences for persons

Abrakata v. State

168 So. 3d 251, 2015 Fla. App. LEXIS 9302, 2015 WL 3777704

District Court of Appeal of Florida | Filed: Jun 18, 2015 | Docket: 60248627

Cited 2 times | Published

review of his sentence after 15 years under section 921.1402(2)(c), Florida Statutes (2014). Second, he

Kelvin Terrill Dortch v. State of Florida

266 So. 3d 1240

District Court of Appeal of Florida | Filed: Feb 15, 2019 | Docket: 14554410

Cited 1 times | Published

sentence without the benefit of review under section 921.1402 was illegal because “the Legislature has determined

State of Florida v. Kenneth Purdy

252 So. 3d 723

Supreme Court of Florida | Filed: Aug 30, 2018 | Docket: 7774999

Cited 1 times | Published

those statutes. Ch. 2014-220 (title); see also § 921.1402, Fla. Stat. (2015) (“Review of sentences for

Dontavious Lamar Copeland v. State of Florida

240 So. 3d 58

District Court of Appeal of Florida | Filed: Feb 8, 2018 | Docket: 6300936

Cited 1 times | Published

of Mr. Copeland’s sentence after 25 years. See § 921.1402(2)(a), Fla. Stat. After sentencing, Mr

Wirth v. State

235 So. 3d 1057

District Court of Appeal of Florida | Filed: Jan 26, 2018 | Docket: 60286105

Cited 1 times | Published

130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), and section 921.1402(2)(d), Florida Statutes (2016). The State

Reeters v. Israel

223 So. 3d 265, 2017 WL 2814888, 2017 Fla. App. LEXIS 9420

District Court of Appeal of Florida | Filed: Jun 28, 2017 | Docket: 60269935

Cited 1 times | Published

after considering various factors. Pursuant to section 921.1402, a juvenile sentenced to life (or beyond certain

Laisha L. Landrum v. State of Florida

192 So. 3d 459, 41 Fla. L. Weekly Supp. 274, 2016 Fla. LEXIS 1194, 2016 WL 3191099

Supreme Court of Florida | Filed: Jun 9, 2016 | Docket: 3072271

Cited 1 times | Published

mandated period of twenty-five years. See § 921.1402(2)(b), Fla. Stat. (2014). We therefore quash

Collins v. State

189 So. 3d 342, 2016 WL 1621080, 2016 Fla. App. LEXIS 6249

District Court of Appeal of Florida | Filed: Apr 25, 2016 | Docket: 60254479

Cited 1 times | Published

082(3)(c) provides for a review after 20 years per section 921.1402(2)(d) of “a person who is sentenced to a'

Howard v. State

180 So. 3d 1135, 2015 Fla. App. LEXIS 18359, 2015 WL 8289991

District Court of Appeal of Florida | Filed: Dec 9, 2015 | Docket: 3019484

Cited 1 times | Published

offender as to rehabilitation. § 921.1402(6), Fla. Stat. (2015).

Burton v. State of Florida

District Court of Appeal of Florida | Filed: Sep 5, 2025 | Docket: 71275650

Published

decision not to modify his sentence under section 921.1402, Florida Statutes (2023), following his 1995

Bonifay v. State of Florida

District Court of Appeal of Florida | Filed: May 28, 2025 | Docket: 70386922

Published

in Miller and Graham by rendering illusory the § 921.1402 review of his murder sentence. According to Appellant

Aiden Sean Fucci v. State of Florida

District Court of Appeal of Florida | Filed: Feb 28, 2025 | Docket: 69689756

Published

twenty-five (25) years in accordance with section 921.1402(2), Florida Statutes (2023). Having reviewed

In Re: Amendments to Florida Rule of Criminal Procedure 3.802

Supreme Court of Florida | Filed: Feb 20, 2025 | Docket: 69656134

Published

Application. A juvenile offender, as defined in section 921.1402(1), Florida Statutes, may seek a modification

Anthony Jamal Williams v. State of Florida

District Court of Appeal of Florida | Filed: Sep 4, 2024 | Docket: 69127388

Published

agree with the state’s concession of error. See § 921.1402(2)(c), Fla. Stat. (2022) (“A juvenile offender

Gilbert Bernard v. The State of Florida

District Court of Appeal of Florida | Filed: Jun 26, 2024 | Docket: 68886720

Published

involves only a ministerial act”); see also § 921.1402(2)(c), Fla. Stat. (mandating that “[a] juvenile

Colby McCoggle v. State of Florida

District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68422870

Published

are not entitled to resentencing under section 921.1402, Florida Statutes. Michel, 257 So. 3d

Javarus Morgan v. The State of Florida

District Court of Appeal of Florida | Filed: Mar 13, 2024 | Docket: 68335150

Published

SCALES, JJ. PER CURIAM. Affirmed. See § 921.1402(6), Fla. Stat. (2022) (providing a list of enumerated

ROBERT D. GARNER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 8, 2024 | Docket: 64921121

Published

sentence after twenty-five years pursuant to section 921.1402(2)(a). Roughly two years after the legislature

ROBERT L. BATTLE, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 23, 2024 | Docket: 68034430

Published

sentence review hearing in the future under section 921.1402(2)(d), Florida Statutes (2014). That statute

Corey B. Johnson v. State of Florida

District Court of Appeal of Florida | Filed: Feb 14, 2024 | Docket: 68249557

Published

twenty-five years (not seventy-five years) under section 921.1402, Florida Statutes. Id. at 649. That same

Jonathan Sawyer v. The State of Florida

District Court of Appeal of Florida | Filed: Jan 31, 2024 | Docket: 68003606

Published

subsequent sentence review proceeding.” Id.; see also § 921.1402(6)(a), Fla. Stat. (2022) (“[T]he court shall

Max Lee Brazley v. The State of Florida

District Court of Appeal of Florida | Filed: Jan 17, 2024 | Docket: 68114533

Published

claims entitlement to sentence review based on section 921.1402, Florida Statutes (2023). He claims that

State of Florida v. Herbert Leon Manago, Jr.

Supreme Court of Florida | Filed: Nov 30, 2023 | Docket: 68048304

Published

these changes, the Legislature also created section 921.1402, Florida Statutes, which provides, in pertinent

GREGORY BOUCHER v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 12, 2023 | Docket: 67600935

Published

later conducted sentence review pursuant to § 921.1402 and determined that the juvenile offender was

NICKOLAS WHITE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 12, 2023 | Docket: 67601164

Published

judicial review of the sentence pursuant to section 921.1402, Florida Statutes (2021). We reverse the order

ERIC ABRAHAM v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 10, 2023 | Docket: 67359010

Published

Defendant’s sentence after twenty years pursuant to section 921.1402(2)(d), Florida Statutes (2019) (“A juvenile

Hector Sanchez-Torres v. State of Florida

Supreme Court of Florida | Filed: Mar 16, 2023 | Docket: 67025970

Published

Florida’s updated juvenile sentencing statute, section 921.1402, Florida Statutes (2016).

Hector Sanchez-Torres v. State of Florida

Supreme Court of Florida | Filed: Mar 16, 2023 | Docket: 67020529

Published

Florida’s updated juvenile sentencing statute, section 921.1402, Florida Statutes (2016).

Eric Demond Parrish v. State of Florida

District Court of Appeal of Florida | Filed: Sep 28, 2022 | Docket: 65382146

Published

judicial review after twenty years, pursuant to section 921.1402(2)(d), Florida Statutes. Parrish’s counsel

SHAWN ANTHONY SINGLETARY v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 16, 2022 | Docket: 63162401

Published

judicial review after 25 years pursuant to section 921.1402(2)(a), (b), Florida Statutes (2021). Singletary

In Re: Amendments to the Florida Rules of Criminal Procedure

Supreme Court of Florida | Filed: Dec 16, 2021 | Docket: 61622079

Published

additional language is added to reference section 921.1402, Florida Statutes, and to specify that the

MORIN CHERFRERE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 24, 2021 | Docket: 61574096

Published

fact on the statutory factors listed in [section 921.1402] are reviewed for the existence of competent

RONNIE BRUCE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858252

Published

Sentences for Juvenile Offenders, pursuant to § 921.1402, Florida Statutes (2021), and Florida Rule of

BERNELL HEGWOOD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 9, 2020 | Docket: 18726942

Published

(Fla. 1st DCA 2019). The plain meaning of section 921.1402 dictates that Hegwood is entitled to a review

DEANGELO LAVANDER FAIN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 9, 2020 | Docket: 18726939

Published

1402(2)(d).” § 775.082(3)(c), Fla. Stat. (2019). Section 921.1402, Florida Statutes (2019), provides that “[a]

JAMES MORGAN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 9, 2020 | Docket: 18726936

Published

with the required judicial review pursuant to section 921.1402, Florida Statutes. On appeal, appellant

JAKARIS TAYLOR v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 12, 2020 | Docket: 18620295

Published

sentence has been served, “pursuant to section 921.1402(2)(d), [Florida Statutes].” (“2019

Isiah Johnson v. State of Florida

District Court of Appeal of Florida | Filed: Sep 21, 2020 | Docket: 18458088

Published

application of the sentence review procedures under section 921.1402, Florida Statutes. Based on our precedent

ROGYNE O'NEAL v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 17, 2020 | Docket: 17256298

Published

Fla. Stat. (2018) (emphases added). Section 921.1402, Florida Statutes (2018), states, in pertinent

GUSTAVO ENAMORADO DUBON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089289

Published

was “entitled to judicial review pursuant to section 921.1402, Florida Statutes, after fifteen (15) years

WALTER EUGENE WALKER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 23, 2019 | Docket: 16368668

Published

defendant’s sentence after twenty years pursuant to section 921.1402(2)(d), Florida Statutes (2018) (“A juvenile

Berny Serrano v. State of Florida

District Court of Appeal of Florida | Filed: Aug 30, 2019 | Docket: 16135509

Published

judicial review after twenty-five years under section 921.1402(2)(a), Florida Statutes. The court also imposed

DAVID PUZIO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 7, 2019 | Docket: 16025087

Published

Fla. Stat. (2017) (emphasis added). Section 921.1402(2), Florida Statutes (2017), provides in pertinent

Williams v. State

275 So. 3d 1281

District Court of Appeal of Florida | Filed: Jul 26, 2019 | Docket: 64720715

Published

his original sentencing in accordance with section 921.1402(2)(a), Florida Statutes (2018). See Robinson

Williams v. State

275 So. 3d 1281

District Court of Appeal of Florida | Filed: Jul 26, 2019 | Docket: 64720714

Published

his original sentencing in accordance with section 921.1402(2)(a), Florida Statutes (2018). See Robinson

BROOKS JOHN BELLAY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 15897439

Published

should be sentenced to life imprisonment; and section 921.1402 was created to allow for subsequent judicial

DESMOND BAKER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 15897425

Published

separate from the one involving the murder. See § 921.1402(2)(a)(4), (5), Florida Statutes (2017) ("A

LABRONX BAILEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 15835847

Published

with s. 921.1402(2)(a). (Emphasis added.) Section 921.1402(2)(a) provides for a "review of his or

Shawn David Jackson v. State of Florida

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762808

Published

sentence review after 25 years pursuant to section 921.1402(2)(a), Florida Statutes. 3 This appeal

DAVID PUZIO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 8, 2019 | Docket: 15071955

Published

Fla. Stat. (2017) (emphasis added). Section 921.1402(2), Florida Statutes (2017), provides in pertinent

JONATHAN LACUE v. STATE OF FLORIDA

270 So. 3d 413

District Court of Appeal of Florida | Filed: Apr 17, 2019 | Docket: 14950647

Published

sentence review after 25 years as required by section 921.1402(2)(a). We accept the concession and remand

LABRONX BAILEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 22, 2019 | Docket: 14775754

Published

with s. 921.1402(2)(a). (Emphasis added.) Section 921.1402(2)(a) provides for a "review of his or

Louis Anthony McCrae v. State of Florida

267 So. 3d 470

District Court of Appeal of Florida | Filed: Mar 7, 2019 | Docket: 14636276

Published

there is no legal basis to retroactively apply section 921.1402 (or any other provision of the juvenile sentencing

Bermudez v. State

271 So. 3d 82

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 64713530

Published

mandatory for a trial court to conduct the review. § 921.1402(6).")

Bermudez v. State

271 So. 3d 82

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 64713529

Published

mandatory for a trial court to conduct the review. § 921.1402(6).")

Shamar Lavone McCullum v. State of Florida

263 So. 3d 276

District Court of Appeal of Florida | Filed: Feb 5, 2019 | Docket: 14534769

Published

should be eligible for sentence review under section 921.1402—Florida’s post-Graham juvenile sentencing

KEVIN NELMS v. STATE OF FLORIDA

263 So. 3d 88

District Court of Appeal of Florida | Filed: Jan 23, 2019 | Docket: 13588106

Published

sentence is not entitled to resentencing under section 921.1402, Florida Statutes. State v. Michel, 43 Fla

State v. West

262 So. 3d 818

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 64702046

Published

not therefore entitled to resentencing under section 921.1402, Florida Statutes. In State v. Michel , 257

STATE OF FLORIDA v. GERALD WEST

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485187

Published

not therefore entitled to resentencing under section 921.1402, Florida Statutes. In State v. Michel

State v. West

262 So. 3d 818

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 64702047

Published

not therefore entitled to resentencing under section 921.1402, Florida Statutes. In State v. Michel , 257

STATE OF FLORIDA v. EDWARD WESBY

262 So. 3d 818

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485188

Published

not therefore entitled to resentencing under section 921.1402, Florida Statutes. In State v. Michel

STATE OF FLORIDA v. DOMINIQUE WRIGHT

260 So. 3d 1076

District Court of Appeal of Florida | Filed: Dec 5, 2018 | Docket: 8346791

Published

review after twenty years, pursuant to section 921.1402(2)(d), to afford him or her a meaningful

Brown v. State

District Court of Appeal of Florida | Filed: Nov 28, 2018 | Docket: 8338752

Published

amendments, the Florida Legislature enacted section 921.1402, Florida Statutes (2017), and specifically

TRAVIS JAMES v. STATE OF FLORIDA

258 So. 3d 468

District Court of Appeal of Florida | Filed: Nov 7, 2018 | Docket: 8146145

Published

resentencing order stating that pursuant to section 921.1402(2), Florida Statutes (2017), he was eligible

State of Florida v. Budry Michel

Supreme Court of Florida | Filed: Nov 1, 2018 | Docket: 8119863

Published

offenders are not entitled to resentencing under section 921.1402, Florida Statutes.

ZACHARY CARLTON DIXON v. STATE OF FLORIDA

257 So. 3d 1046

District Court of Appeal of Florida | Filed: Oct 24, 2018 | Docket: 8074517

Published

motion for review of sentence pursuant to section 921.1402, Florida Statutes (2016). The defendant

FELIX JOSUE MARTINEZ v. STATE OF FLORIDA

256 So. 3d 897

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015487

Published

review of his or her sentence as provided in section 921.1402. Simply put, there is nothing about the 10-20-Life

RODERICK WASHINGTON v. STATE OF FLORIDA

257 So. 3d 520

District Court of Appeal of Florida | Filed: Sep 26, 2018 | Docket: 7935060

Published

court for review after twenty-five years under section 921.1402(2)(a), Florida Statutes (2016). In resentencing

Tyzick J. Wall v. State

251 So. 3d 1014

District Court of Appeal of Florida | Filed: Jul 16, 2018 | Docket: 7531223

Published

review on this count after fifteen years under section 921.1402(2)(c), Florida Statutes (2015).

DAVID ELKIN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 6, 2018 | Docket: 7410519

Published

years' imprisonment. Relying on section 921.1402, Florida Statutes, and rule 3.802(b)(3), Elkin

DAVID ELKIN v. STATE OF FLORIDA

249 So. 3d 1316

District Court of Appeal of Florida | Filed: Jul 6, 2018 | Docket: 7371870

Published

years' imprisonment. Relying on section 921.1402, Florida Statutes, and rule 3.802(b)(3), Elkin

Jaquaries Jones v. State

District Court of Appeal of Florida | Filed: Jun 11, 2018 | Docket: 7284976

Published

twenty-year sentencing review pursuant to section 921.1402(2)(d), Florida Statutes (2016). See Barnes

ALDEN BENJAMIN WHITE v. STATE OF FLORIDA

244 So. 3d 1130

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7062007

Published

review as required for juvenile offenders by section 921.1402, Florida Statutes (2016); and (2) the trial

Ridge Gabriel v. State

248 So. 3d 265

District Court of Appeal of Florida | Filed: May 28, 2018 | Docket: 7094836

Published

providing Gabriel with a review hearing under section 921.1402 after he serves twenty-five years of his

Hernandez v. State

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716296

Published

right of review on the Count II sentence. Section 921.1402(2)(b) of the juvenile sentencing law provides

Dante Rashad Morris v. State of Florida

246 So. 3d 244

Supreme Court of Florida | Filed: May 10, 2018 | Docket: 6570776

Published

terms, chapter 2014-220 does not apply to Morris. § 921.1402(1) Fla. Stat. (2014).1 On November 24

DENNIS L. HART v. STATE OF FLORIDA

246 So. 3d 417

District Court of Appeal of Florida | Filed: May 2, 2018 | Docket: 6383138

Published

Graham and that he was entitled to review under section 921.1402(2)(c). The First District concluded that the

Patrick Maxwell v. State

241 So. 3d 277

District Court of Appeal of Florida | Filed: Apr 23, 2018 | Docket: 6385779

Published

entitled to a resentencing hearing pursuant to section 921.1402. See Katwaroo v. State, 237 So. 3d 446 (Fla

DAVID ELKIN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 28, 2018 | Docket: 6318516

Published

entitled to review of his sentence under section 921.1402, Florida Statutes (2017). We write to explain

CHRISTIN BILOTTI v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304719

Published

See Fla. R. Crim. P. 3.800(b)(2)(B). Section 921.1402(2)(c), Florida Statutes (2015), provides that

Deryck L. Katwaroo v. State

237 So. 3d 446

District Court of Appeal of Florida | Filed: Jan 29, 2018 | Docket: 6300779

Published

juvenile has been resentenced pursuant to section 921.1402, Florida Statutes, and the time for a review

Darriue Montgomery v. State

230 So. 3d 1256

District Court of Appeal of Florida | Filed: Nov 9, 2017 | Docket: 6225688

Published

his sentence after twenty years pursuant to section 921.1402(2)(d).1 The trial court then entered an order

Henry v. State

235 So. 3d 969

District Court of Appeal of Florida | Filed: Nov 3, 2017 | Docket: 60287246

Published

after the date of his initial sentencing. See § 921.1402(2)(d), Fla. Stat. (2014); Tyson v. State, 199

Leighdon Henry v. State

District Court of Appeal of Florida | Filed: Oct 30, 2017 | Docket: 6220328

Published

after the date of his initial sentencing. See § 921.1402(2)(d), Fla. Stat. (2014); Tyson v. State, 199

Ejak v. State

230 So. 3d 566

District Court of Appeal of Florida | Filed: Oct 27, 2017 | Docket: 6181368

Published

for subsequent judicial review pursuant to section 921.1402(2), Florida Statutes (2014). Ejak, 201 So

Matias v. State

228 So. 3d 677, 2017 WL 4518529

District Court of Appeal of Florida | Filed: Oct 11, 2017 | Docket: 6167375

Published

judicial review of his sentence pursuant to Fla. Stat. 921.1402.” Nonetheless, the trial court found that

NOELSON ANDREVIL v. STATE OF FLORIDA

226 So. 3d 867, 2017 WL 3499811, 2017 Fla. App. LEXIS 11784

District Court of Appeal of Florida | Filed: Aug 16, 2017 | Docket: 6138613

Published

on the guidelines in Graham and section 921.1402(2)(d), Florida Statutes (2014). The trial

JOHNNY TREVON COOK v. STATE OF FLORIDA

225 So. 3d 268, 2017 WL 3085341, 2017 Fla. App. LEXIS 10450

District Court of Appeal of Florida | Filed: Jul 19, 2017 | Docket: 6122339

Published

a meaningful review of his sentence under section 921.1402, Florida Statutes (2016). Neither the

Donald Davis, Jr. v. State

District Court of Appeal of Florida | Filed: Jul 3, 2017 | Docket: 6119613

Published

resentencing. See § 775.082(3)(c), Fla. Stat. (2016); § 921.1402(2)(d), Fla. Stat. (2016); see also Kelsey v.

Alfred E. Hawkins v. State of Florida

219 So. 3d 982, 2017 WL 2373310, 2017 Fla. App. LEXIS 7884

District Court of Appeal of Florida | Filed: Jun 1, 2017 | Docket: 6068568

Published

hearing” to occur after 25 years, pursuant to section 921.1402, Florida Statutes, due to the fact Appellant

Kendall Young v. State

219 So. 3d 206, 2017 WL 1967410, 2017 Fla. App. LEXIS 6822

District Court of Appeal of Florida | Filed: May 12, 2017 | Docket: 6063775

Published

lengthy sentence is fifteen years. See § 921.1402(2)(c), Fla. Stat. (2014). Our review of

Morgan A. Leppert v. State

215 So. 3d 146, 2017 WL 1202671, 2017 Fla. App. LEXIS 4419

District Court of Appeal of Florida | Filed: Mar 27, 2017 | Docket: 4670153

Published

twenty-five years for all three charges. Pursuant to section 921.1402(2)(d), Florida Statutes (2016), Leppert was

Miller v. State

208 So. 3d 834, 2017 WL 362547, 2017 Fla. App. LEXIS 726

District Court of Appeal of Florida | Filed: Jan 25, 2017 | Docket: 4573209

Published

section 921.1401, Florida Statutes (2014), and section 921.1402, Florida Statutes (2015). Reversed and

Kenneth Purdy v. State

268 So. 3d 813

District Court of Appeal of Florida | Filed: Jan 23, 2017 | Docket: 4579969

Published

sentence review hearing held pursuant to section 921.1402, Florida Statutes (2015), it failed to consider

Stripling v. State

209 So. 3d 70, 2016 Fla. App. LEXIS 18685

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555824

Published

section 921.1401, Florida Statutes (2014), and section 921.1402, Florida Statutes (2015). Reversed and

Miller v. State

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555829

Published

section 921.1401, Florida Statutes (2014), and section 921.1402, Florida Statutes (2015). Reversed

Juny Abraham v. State

205 So. 3d 887, 2016 Fla. App. LEXIS 18439

District Court of Appeal of Florida | Filed: Dec 16, 2016 | Docket: 4556757

Published

State, 175 So.3d 380, 382 (Fla. 5th DCA 2015); § 921.1402(2)(d), Fla. Stat. (2015). However, the sentencing

Thomas Kelsey v. State of Florida

206 So. 3d 5, 41 Fla. L. Weekly Supp. 600, 2016 Fla. LEXIS 2644

Supreme Court of Florida | Filed: Dec 8, 2016 | Docket: 4550133

Published

commit armed robbery disentitle him to relief. See § 921.1402(2)(a), Fla. Stat. (2014) (“[A] juvenile

Neely v. State

207 So. 3d 357, 2016 Fla. App. LEXIS 17682

District Court of Appeal of Florida | Filed: Nov 30, 2016 | Docket: 4546364

Published

082(l)(b)(l), Florida Statutes (2014), and section 921.1402, Florida Statutes (2015). We base our decision

Waiters v. State

210 So. 3d 209, 2016 Fla. App. LEXIS 17249

District Court of Appeal of Florida | Filed: Nov 18, 2016 | Docket: 4540924

Published

2015), he was entitled to be sentenced under section 921.1402, Florida Statutes (2014),1 even though his

Ejak v. State

201 So. 3d 1228, 2016 Fla. App. LEXIS 15573

District Court of Appeal of Florida | Filed: Oct 19, 2016 | Docket: 4480374

Published

eligible for a sentence, review hearing under section 921.1402(2)(a). However, it denied the motion to the

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE AND FLORIDA RULE OF APPELLATE PROCEDURE 9.140

200 So. 3d 1221, 41 Fla. L. Weekly Supp. 413, 2016 Fla. LEXIS 2149, 2016 WL 5623566

Supreme Court of Florida | Filed: Sep 29, 2016 | Docket: 4448481

Published

(c)(l)-(c)(3). Subdivision (c)(1) adds a reference to section 921.1402(2)(a), Florida Statutes, In regard' to the

Jamie L. Tyson v. State

199 So. 3d 1087, 2016 Fla. App. LEXIS 13274, 2016 WL 4585974

District Court of Appeal of Florida | Filed: Sep 2, 2016 | Docket: 4420403

Published

sentence after serving 20 years. See § 921.1402(2)(d), Fla. Stat. (2014). Having concluded

Stephenson v. State

197 So. 3d 1126, 2016 Fla. App. LEXIS 9227, 2016 WL 3265743

District Court of Appeal of Florida | Filed: Jun 15, 2016 | Docket: 3078613

Published

the applicable sentence review provisions of section 921.1402 of the Florida Statutes. 5 Reversed

Stanley Tarrand v. State

District Court of Appeal of Florida | Filed: Jun 6, 2016 | Docket: 3079571

Published

(2010), and seeks resentencing pursuant to section 921.1402, Florida Statutes (2015). The trial court

Tyler Joseph Hadley v. State of Florida

190 So. 3d 217, 2016 Fla. App. LEXIS 6410, 2016 WL 1688498

District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3062279

Published

921.1401(2)(a)-(j). .§ 921.1401(2). Under section 921.1402(2)(a), “[a] juvenile offender sentenced under

Anthony Michael Ortiz v. State of Florida

188 So. 3d 113, 2016 WL 1295073, 2016 Fla. App. LEXIS 5169

District Court of Appeal of Florida | Filed: Apr 4, 2016 | Docket: 3050460

Published

a disqualifying conviction under section 921.1402(2)(a), Florida Statutes, Appellant will be

Francis v. State

208 So. 3d 105, 2015 Fla. App. LEXIS 18003

District Court of Appeal of Florida | Filed: Dec 2, 2015 | Docket: 3017398

Published

there is no legal basis to retroactively apply section 921.1402 (or any other provision of the juvenile sentencing

Thomas Kelsey v. State of Florida

District Court of Appeal of Florida | Filed: Nov 8, 2015 | Docket: 3011008

Published

is no legal basis to retroactively apply section 921.1402 (or any other provision of the juvenile sentencing

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE AND FLORIDA RULE OF APPELLATE PROCEDURE 9.140

176 So. 3d 980, 40 Fla. L. Weekly Supp. 544, 2015 Fla. LEXIS 2216, 2015 WL 5877975

Supreme Court of Florida | Filed: Oct 8, 2015 | Docket: 2866127

Published

Offenders), which derives from the enactment of section 921.1402, Florida Statutes. Chapter 2014-220, section

Morris v. State

198 So. 3d 31, 2015 Fla. App. LEXIS 12551, 2015 WL 4965907

District Court of Appeal of Florida | Filed: Aug 21, 2015 | Docket: 2686577

Published

term-of-years sentences and the applicability of section 921.1402, Florida Statutes (2014), we reverse Morris’s

Blanchard St. Val v. State of Florida

174 So. 3d 447, 2015 Fla. App. LEXIS 11731, 2015 WL 4636953

District Court of Appeal of Florida | Filed: Aug 5, 2015 | Docket: 2681915

Published

juvenile’s sentence after twenty-five years. § 921.1402(2)(a), (b), Fla. Stat. Obviously, appellant’s

Blake v. State

198 So. 3d 16, 2015 Fla. App. LEXIS 10498, 2015 WL 5522126

District Court of Appeal of Florida | Filed: Jul 10, 2015 | Docket: 2679114

Published

to review of his life sentence pursuant to section 921.1402(2)(a), Florida Statutes (2014). Blake