Blount v. State, 238 So. 3d 913 (2018)

Feb. 28, 2018 · District Court of Appeal of Florida, Second District · Case No. 2D17–1949

238 So. 3d 913

Rachaun BLOUNT, DOC# H45167, Appellant,
v.
STATE of Florida, Appellee.

Case No. 2D17-1949

District Court of Appeal of Florida, Second District.

Opinion filed February 28, 2018

Anthony M. Candela of Candela Law Firm, P.A., Riverview, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Peter Koclanes, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Rachaun Blount appeals an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a), in which he argued that he was entitled to resentencing with respect to his forty-year concurrent sentences for nonhomicide offenses that he committed when he was sixteen years old. The State correctly concedes that Mr. Blount is entitled to resentencing, and we reverse the order denying Mr. Blount's motion and remand for resentencing under the new juvenile sentencing guidelines¹ in accordance with Johnson v. State, 215 So.3d 1237 (Fla. 2017), and Mosier v. State, 235 So.3d 957 (Fla. 2d DCA Oct. 13, 2017).

Reversed and remanded.

KHOUZAM, MORRIS, and SLEET, JJ., Concur.

1 Ch. 2014-220, §§ 1-3, at 2869-75, Laws of Fla., codified at §§ 775.082, 921.1401, 921.1402, Fla. Stat. (2014).