STATE OF FLORIDA
v.
CHARLESTON D. GRINER
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A life sentence for a juvenile convicted of first-degree murder does not violate Miller v. Alabama or Graham v. Florida when the defendant is eligible for parole.
[1] A life sentence imposed on a juvenile offender for first-degree murder does not constitute cruel and unusual punishment under Miller v. …
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Join FLexlaw to unlock all legal intelligenceGriner was convicted of first-degree murder committed as a juvenile and received a life sentence. The postconviction court granted his motion for rese…
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PER CURIAM.
The State appeals a postconviction order granting Griner’s motion to correct an illegal sentence and requiring resentencing for the crime of first-degree murder committed by Griner when he was a juvenile. We reverse.
The postconviction court granted relief under Miller v. Alabama, 567 U.S. 460 (2012) and Graham v. Florida, 560 U.S. 48 (2010), as interpreted by Atwell v. State, 197 So. 3d 1040 (Fla. 2016). In State v. Michel, 257 So. 3d 3 (Fla. 2018), the Florida Supreme Court receded from Atwell, but the postconviction court determined that Michel is not binding precedent because fewer than four justices concurred in the opinion. However, in Franklin v. State, 258 So. 3d 1239 (Fla. 2018), a majority of the justices
concluded that Atwell had misapplied Graham and Miller and was no longer good law. Id. at 1241. Because Griner is eligible for parole, his life sentence is not unconstitutional under Miller or Graham. Therefore, he is not entitled to resentencing under chapter 2014-220, Laws of Florida.
REVERSED.
RAY, C.J., and KELSEY and WINOKUR, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Atwell v. State, 197 So. 3d 1040 (Fla. 2016)
- State v. Budry Michel, 257 So. 3d 3 (Fla. 2018)
- Franklin v. State, 258 So. 3d 1239 (Fla. 2018)