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WALLING v. STATE

No. 1D11-4434.

105 So.3d 660 (2013)

Kyle WALLING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 30, 2013.

Attorney(s) appearing for the Case

Tatiana A. Bertsch , Equal Justice Initiative, Montgomery, Alabama, and Benjamin W. Maxymuk , Equal Justice Initiative, Montgomery, Alabama, pro hac vice, for Appellant.

Pamela Jo Bondi , Attorney General, Therese A. Savona , Assistant Attorney General, and Donna A. Gerace , Assistant Attorney General, Tallahassee, for Appellee.

BENTON, C.J.

Appellant Kyle Walling appeals his sentence of life without the possibility of parole for a first-degree felony murder committed when he was sixteen, imposed under a mandatory sentencing scheme. Based on Miller v. Alabama, ___ U.S. ___, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), the state concedes that his sentence is illegal, as a federal constitutional matter. On this issue alone, we reverse and remand for resentencing...

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