HERMAN SHAW
v.
STATE OF FLORIDA

Fla. 4th DCA | 2021-09-01
No. 21-1859
Bailey, J., Damoorgian, J., Levine, J., Artau, J.
Florida District Court of Appeal, Fourth District (2021)

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Holding

Graham v. Florida and Miller v. Alabama do not apply to offenders eighteen years of age or older at the time of the offense.


Headnotes

[1] Graham v. …

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Facts & Procedural History

Herman Shaw appealed an order denying his Rule 3.850 motion in a case originating from 1996 in Broward County.…

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Opinion of the Court
Artau

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

HERMAN SHAW, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D21-1859

[September 1, 2021]

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Tim Bailey, Judge; L.T. Case No. 96-023020CF10A.

Herman Shaw, Avon Park, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed. Graham v. Florida, 560 U.S. 48 (2010), and Miller v. Alabama, 567 U.S. 460 (2012), do not apply to offenders eighteen years of age or older at the time of the offense. Jean-Michel v. State, 96 So. 3d 1043, 1045 (Fla. 4th DCA 2012).

DAMOORGIAN, LEVINE and ARTAU, JJ., concur.

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