SHELTON JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A juvenile offender cannot be sentenced to life without parole for a non-homicide offense, even if also convicted of a homicide in the same proceeding.
[1] The constitutional prohibition on cruel and unusual punishment prevents a juvenile offender from being sentenced to life imprisonment without the possibility of parole fo…
[2] The Supreme Court's holding in Graham v. …
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Join FLexlaw to unlock all legal intelligenceAppellant, a juvenile at the time of the offense, received life sentences without parole for non-homicide crimes. The state argued an exception applie…
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This cause is before us on the appellant’s Motion for Rehearing, Rehearing En Bane, Request for Written Opinion, and Motion to Certify an Issue to the Florida Supreme Court. We deny the Motion for Rehearing En Banc and the Motion to Certify an Issue to the Florida Supreme Court, but grant the Motion for Rehearing and Request for Written Opinion, withdraw our previously issued opinion dated April 2, 2013, and substitute the following in its place.
The appellant filed a motion pursuant to Florida Rule of Criminal Procedure 3.850 challenging life sentences without the possibility of parole imposed upon him for non-homicide crimes committed when he was a juvenile. In Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), the Supreme Court held that the constitutional prohibition on cruel and unusual punishment prevents a juvenile offender from being sentenced to life imprisonment without the possibility of parole for a non-homicide offense. The state argues that Graham recognized a limited exception when the offender has also been convicted and sentenced for a homicide in the same proceeding, as did in fact occur in the present case. However, this Court has unequivocally rejected that interpretation of Graham. See Johnson v. State, — So.3d -, 38 Fla. L. Weekly D953, 2013 WL 1809685 (Fla. 1st DCA 2013) (certifying conflict with Lawton v. State, 109 So.3d 825 (Fla. 3d DCA 2013)); see also Akins v. State, 104 So.3d 1173 (Fla. 1st DCA 2012).
We accordingly reverse the trial court’s order summarily denying relief. We note, however, that the record indicates that the appellant’s sentences may have been the result of a negotiated plea. If such is the case, the appellant would not be entitled to automatic resentencing. Rather, the state, at its option, can agree to the resentencing *854or it can withdraw from the plea, placing the parties back into their pre-plea positions. See e.g., Smith v. State, 93 So.3d 387 (Fla. 1st DCA 2012).
REVERSED and REMANDED for further proceedings.
CLARK, MARSTILLER, JJ„ and BOLES, W. JOEL, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hawkins v. State, 219 So. 3d 982 (Fla. 1st DCA 2017)…nal episode. This court took the position that Graham prohibited a life sentence without meaningful opportunity for early release for a nonhomicide offense even when a juvenile committed a homicide in the same criminal episode. See Jackson v. State, 187 So. 3d 853 (Fla. 1st DCA 2013). The Florida Supreme Court agreed and stated, “Graham’s categorical rule leaves no room for the homicide-case exception.” Lawton v. State, 181 So. 3d 452, 453 (Fla. 2015). The Court in Lawton went on to state, “the ban on sentenc…
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Shelton Jackson v. State, 46 Fla. L. Weekly D2624 (Fla. 1st DCA 2021)…er Graham v. Florida, 560 U.S. 48, 74 (2010). We reversed the trial court’s order denying Appellant’s 3.800 motion, and issued a mandate where we held that Appellant could be entitled to resentencing on his non- homicide offenses. Jackson v. State, 187 So. 3d 853, 853–54 (Fla. 1st DCA 2013). However, this Court held that if Appellant’s sentences were the result of a negotiated plea, the State could either agree to resentencing or withdraw its plea offer and the parties would proceed to trial. Id. In 2017, A…1 / 2
Authorities Cited
- Graham v. Florida (1st Cir. 2010)
- Torrence Lawton v. State, 109 So. 3d 825 (Fla. 3d DCA 2013)
- Aundra R. Akins v. State, 104 So. 3d 1173 (Fla. 1st DCA 2012)
- Antoine Smith v. State, 93 So. 3d 387 (Fla. 1st DCA 2012)