SYLATHUM STREETER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A juvenile offender challenges his two mandatory life sentences for first-degree murder and his 280-year aggregate sentence for multiple nonhomicide offenses. The Florida District Court of Appeal reverses both sentences as unconstitutional under Miller v. Alabama and Graham v. Florida, which protect juvenile offenders from receiving life sentences without meaningful opportunity for release based on demonstrated rehabilitation.
The court reverses both the mandatory life sentences for the first-degree murders (pursuant to Miller v. Alabama) and the 280-year aggregate sentence for the nonhomicide offenses (pursuant to Graham v. Florida), finding both violate constitutional protections when they do not afford a juvenile offender a meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation. The case is remanded for resentencing in conformance with chapter 2014-220, Laws of Florida.
[1] A mandatory life sentence without parole for a juvenile offender convicted of first-degree murder violates the Eighth Amendment as interpreted by Miller v. …
[2] An aggregate term-of-years sentence imposed on a juvenile nonhomicide offender is unconstitutional if it does not afford a meaningful opportunity to obtain release based…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because Streeter received two mandatory life sentences without the possibility of parole for first-degree murders that he committed when he was a juvenile, we reverse those sentences consistent with Miller v. Alabama”
Establishes the court's application of Miller v. Alabama to reverse mandatory life sentences for juvenile offenders
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSylathum Streeter committed two first-degree murders as a juvenile and was sentenced to two mandatory life sentences without possibility of parole. He…
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BY ORDER OF THE COURT.
Upon consideration of Appellant’s motion for rehearing filed March 19, 2015,
IT IS ORDERED that Appellant’s motion for rehearing is granted. The opinion *1282dated March 4, 2015, is hereby withdrawn and the attached opinion is substituted therefor. No further motions for rehearing will be entertained.
Anthony W. Surber, Mulberry, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Ap-pellee.
IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
SYLATHUM STREETER, Appellant, v. STATE OF FLORIDA, Appellee.
Case No. 2D13-4547.
Opinion filed May 27, 2015.
Sylathum Streeter appeals his two mandatory life sentences for first-degree murder, as well as the 280-year aggregate sentence for three counts of attempted first-degree murder, seven counts of attempted felony murder, three counts of shooting or throwing a missile into a dwelling, vehicle,-building, or aircraft, and two counts of burglary with assault or battery.1 Because Streeter received two mandatory life sentences without the possibility of parole for first-degree murders that he committed when he was a juvenile, we reverse those sentences consistent with Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), and Falcon v. State, 162 So.3d 954 (Fla.2015). See also Toye v. State, 133 So.3d 540 (Fla. 2d DCA 2014).
Streeter also challenges his 280-year aggregate sentence for the nonhomicide offenses. This and other courts previously held that aggregate term-of-years sentences did not violate the rule prohibiting a life sentence for a juvenile offender for a singular, nonhomicide offense as set forth in Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010). See, e.g., Walle v. State, 99 So.3d 967, 970 (Fla. 2d DCA 2012); Peters v. State, 128 So.3d 832, 855-56 (Fla. 4th DCA 2013); Henry v. State, 82 So.3d 1084 (Fla. 5th DCA 2012). However, the Florida Supreme Court recently quashed the Fifth District’s Henry decision, holding “that the constitutional prohibition against cruel and unusual punishment under Graham is implicated when a juvenile nonhomicide offender’s sentence does not afford any ‘meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.’ ” Henry v. State, - So.3d - (Fla.2015) (quoting Graham, 560 U.S. at 75). Thus, where a trial court imposes an aggregate term-of-years sentence that ensures that the juvenile offender will not have that opportunity — as in this case — the sentence is unconstitutional under Graham. See id.; see also Gridine v. State, — So.3d - (Fla.2015) (seventy-year prison sentence for attempted first-degree murder conviction deemed unconstitutional under Graham). We therefore reverse Streeter’s 280-year aggregate prison sentence for the nonho-micide offenses.
Upon remand, the trial court should re-sentence Streeter in conformance with chapter 2014-220, Laws of Florida, which *1283has been codified in sections 775.082, 921.1401, and 921.1402 of the Florida Statutes. See Horsley v. State, 160 So.3d 393 (Fla.2015); see also Henry, — So.3d -; Falcon, 162 So.3d 954.
Reversed and remanded for resentenc-ing in conformance with this opinion.
CASANUEVA and BLACK, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Streeter v. Sec'y, Dep't of Corr. (Polk County) (M.D. Fla. 2023)…ighth Amendment “prohibits the imposition of a life without parole sentence on a juvenile offender” convicted of a nonhomicide offense. Mr. Streeter was resentenced to a “280-year aggregate sentence” for the nonhomicide offenses. Streeter v. State, 163 So. 3d 1281, 1282 (Fla. 2d DCA 2015). The state appellate court reversed, holding that the 280-year sentence violated Graham because it did “not afford any meaningful opportunity to obtain release based on demonstrated maturity and rehabili…
Authorities Cited
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Horsley v. State, 160 So. 3d 393 (Fla. 2015)
- Graham v. Florida (1st Cir. 2010)
- Falcon v. State, 162 So. 3d 954 (Fla. 2015)
- Leighdon Henry v. State, 82 So. 3d 1084 (Fla. 5th DCA 2012)
- Toye v. State, 133 So. 3d 540 (Fla. 2d DCA 2014)
- Peters v. State, 128 So. 3d 832 (Fla. 4th DCA 2013)
- Walle v. State, 99 So. 3d 967 (Fla. 2d DCA 2012)