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PER CURIAM. Desmond Baker appeals the order summarily denying his motion filed under Florida Rule of Criminal Procedure 3.850. Because Baker received a mandatory sentence of life without the possibility of parole for a first-degree murder he committed when he was fifteen years old, we reverse the postconviction court’s order summarily denying his motion and remand the case for further proceedings consistent with Miller v. Alabama, — U.S.—, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), and Toye v. State, 133 So.3d 540 (Fla. 2d DCA 2014).
NORTHCUTT, CASANUEYA, and KELLY, JJ., Concur.
Document Info
Docket Number: No. 2D13-3251
Citation Numbers: 138 So. 3d 1175, 2014 Fla. App. LEXIS 7694, 2014 WL 2116536
Judges: Casanueya, Kelly, Northcutt
Filed Date: 5/21/2014
Precedential Status: Precedential
Modified Date: 10/19/2024