STATE v. WEST

No. 4D16-4252.

262 So.3d 818 (2019)

STATE of Florida, Appellant, v. Gerald WEST, Appellee.

District Court of Appeal of Florida, Fourth District.

January 9, 2019.


Attorney(s) appearing for the Case

Ashley Brooke Moody , Attorney General, Tallahassee, and Melanie Dale Surber , Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout , Public Defender, and Paul Edward Petillo , Assistant Public Defender, West Palm Beach, for appellee.


The State appeals an order granting the defendant's motion to correct an illegal sentence. We reverse. Because the defendant is eligible for parole, his sentence is not unconstitutional under Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), or Graham v. Florida,

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