TALLAHASSEE, Fla. (AP) - Juveniles convicted as adults cannot be sentenced in Florida as habitual violent offenders.
The 1st District Court of Appeal issued that ruling Friday in the case of Kirby Sylvester Shingler.
He was 16 when convicted in Pensacola of armed robbery and related crimes in 1991.
Shingler initially got a life sentence as a habitual offender.
The U.S. Supreme Court, though, last year ruled in a Jacksonville case that juveniles cannot be sentenced to life for crimes other than homicide.
A judge then resentenced Shingler to 40 years in prison, again as a habitual violent offender.
The appellate court disallowed the sentence because the only penalty allowed for such offenders is life. That, though, conflicts with the Supreme Court decision.
Singler must be resentenced again under guidelines with a 22-year maximum.
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