CORDERO NEELY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Cordero Neely, a juvenile offender sentenced to life without parole, appealed his sentence. The court reversed and remanded for resentencing, holding that life sentences for juveniles are unconstitutional without a meaningful opportunity for release, as required by Miller v. Alabama and its progeny.
A life sentence without parole for juvenile offenders is impermissible under the Eighth Amendment and Florida statutory law unless the trial court conducts an individualized sentencing proceeding with mandatory subsequent judicial review. For juveniles who actually killed, intended to kill, or attempted to kill, judicial review is available for sentences exceeding twenty-five years; for those who did not, review is available for sentences exceeding fifteen years.
[1] A sentencing scheme that mandates life in prison without the possibility of parole for juvenile offenders violates the Eighth Amendment.
[2] Life sentences without parole are unconstitutional for juvenile offenders unless the crime reflects irreparable corruption.
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Establishes the core holding of Miller v. Alabama regarding what the Eighth Amendment prohibits for juveniles
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Join FLexlaw to unlock all legal intelligenceCordero Neely, a juvenile offender, was convicted of non-homicide and first-degree murder offenses and sentenced to life without parole. The sentencin…
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Cordero Neely appeals his life sentence without parole. We reverse Neely’s non-homicide and first-degree murder sentences and remand for resentencing because a life sentence for juvenile offenders is impermissible without a meaningful opportunity for release as provided for in section 775.082(l)(b)(l), Florida Statutes (2014), and section 921.1402, Florida Statutes (2015). We base our decision on statutory interpretation and juvenile sentencing jurisprudence for which we provide a brief overview.
Our discussion begins with Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) and Montgomery v. Louisiana, — U.S. -, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016). Miller involved a juvenile convicted of murder and sentenced to life without the possibility of parole where the United States Supreme Court held that the Eighth Amendment prohibits a “sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders.” Miller, 132 S.Ct. at 2469. Montgomery involved a juvenile convicted of murder and sentenced to life without parole. Montgomery, 136 S.Ct. at 725. In Montgomery, the United States Supreme Court reiterated Miller’s, determination (“that sentencing a child to life without parole is excessive for all but ‘the rare juvenile offender whose crime reflects irreparable corruption’ .., [which renders] a life sentence without parole an unconstitutional penalty for ‘a class of defendants because of their status’—that is, juvenile offenders whose crimes reflect the transient immaturity of youth”). Id. at 734. It further declared that Miller’s, retroactive effect does not require states to re-litigate sentences in cases where juvenile offenders received a mandatory life without parole sentence. Id. at 736.
The Florida Supreme Court held in Falcon v. State, 162 So.3d 954 (Fla.2015), that Miller applied retroactively, and the appropriate remedy for a Miller violation was resentencing the juvenile offender *359pursuant to sections 775.082, 921.1401 and 921.1402, Florida Statutes. Id. at 956. Additionally, the Florida Supreme Court held most recently in Landrum v. State, 192 So.3d 459 (Fla.2016), where a juvenile was convicted of second degree murder and sentenced to life without parole, that the life sentence without parole was unconstitutional based on a pre-Mil-ler sentencing scheme that did not require consideration of a youth’s distinctive attributes. Id. at 469. The Florida Supreme Court held that the proper remedy for a Miller violation is resentencing under the new statutory scheme. Id. at 465. “Life imprisonment remains a possibility if the trial court conducts an individualized sentencing proceeding, with mandatory subsequent judicial review available for those juvenile offenders who ‘actually killed, intended to kill, or attempted to kill,’ that are sentenced to a term of imprisonment of more than twenty-five years. For those offenders in this category who ‘did not actually kill, intend to kill, or attempt to kill,’ the subsequent judicial review is available for a sentence of more than fifteen years.” Id. (emphasis in original)(citing to Horsley v. State, 160 So.3d 393, 404 (Fla.2015)). See also Atwell v. State, 197 So.3d 1040, 1048-50 (Fla.2016)(involving a juvenile who received a mandatory term of life imprisonment for first-degree murder, with the possibility of parole after twenty-five years, and also a conviction for armed robbery and a sentence of life imprisonment without the possibility of parole for armed robbery; holding that the sentences “effectively resemble[d] a manda-torily imposed life without parole sentence,” which did not provide the juvenile with the “type of individualized sentencing consideration Miller requires;” stating that “[a] presumptive parole release date set decades beyond a natural lifespan is at odds with the Supreme Court’s recent pronouncement in Montgomery ” and “the parole system would nevertheless still have to afford juvenile offenders individualized consideration and an opportunity for release”).
Accordingly, we reverse Neely’s non-homicide and first-degree murder sentences and remand to the trial court for the appropriate resentencing under sections 775.082(1)(b)(1) and 921.1402, and consistent with the cases cited herein.
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Miller v. State, 208 So. 3d 834 (Fla. 3d DCA 2017)…as sentenced to life in prison. Miller claims he should be resentenced because he was a juvenile at the time he committed the crime. Based on our reading of the applicable sentencing statutes and our recent decision in Neely v. State, No. 3D14-1052, 207 So. 3d 357, 2016 WL 6992563 (Fla. 3d DCA Nov. 30, 2016), all juveniles are entitled to judicial review and resen-tencing in accordance with the new statutes. 1 Miller is thus entitled to judicial [*835] review and resentencing.2 We therefore reverse Miller’s…
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Wilkinson v. State, 212 So. 3d 500 (Fla. 3d DCA 2017)…resembles a mandatorily imposed life sentence without parole that is not proportionate to the offense and the offender.” (quotations omitted)). We have interpreted Atwell to require reversal in circumstances similar to this case. See Neely v. State, 207 So. 3d 357 (Fla. 3d DCA 2016); Miller v. State, 3D15-2492, 208 So. 3d 834, 834-35, 2017 WL 362547, at *1 (Fla. 3d DCA Jan. 25, 2017). Reversed and remanded.…
Authorities Cited
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Horsley v. State, 160 So. 3d 393 (Fla. 2015)
- Atwell v. State, 197 So. 3d 1040 (Fla. 2016)
- Montgomery v. Louisiana., 136 S. Ct. 718 (U.S. 2016)
- Falcon v. State, 162 So. 3d 954 (Fla. 2015)
- Laisha L. Landrum v. State, 192 So. 3d 459 (Fla. 2016)