Yero v. State

Full title: Efren Yero, Appellant, v. The State of Florida, Appellee.

Court: Third District Court of Appeal State of Florida

Date published: Mar 29, 2017

217 So. 3d 150 (Fla. Dist. Ct. App. 2017)

Opinion

No. 3D16–891

03-29-2017

Efren YERO, Appellant, v. The STATE of Florida, Appellee.

Carlos J. Martinez, Public Defender, and Jonathan Greenberg, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

FERNANDEZ, J.

Carlos J. Martinez, Public Defender, and Jonathan Greenberg, Assistant Public Defender, for appellant.

Pamela Jo Bondi, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before FERNANDEZ, LOGUE, and SCALES, JJ.

FERNANDEZ, J.

Efren Yero appeals the denial of his motion for post-conviction relief, arguing that his sentence of 155 years in prison, with parole, for his commission of a crime at the age of sixteen was the equivalent of a life sentence which must be vacated and entitled him to be resentenced pursuant to sections 775.082, 921.1401, and 921.1402, Florida Statutes. We agree. See Graham v. Florida , 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), Henry v. State , 175 So.3d 675 (Fla. 2015), and Miller v. State , 208 So.3d 834 (Fla. 3d DCA 2017) ; Carter v. State , No. 3d16–1090, 215 So.3d 125, 2017 WL 1018513 (Fla. 3d DCA March 15, 2017).

Reversed and remanded with directions.