Retroactive Application Of Sentencing Statutes

18 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Kadeem Quaishawn Hart v. State
  255 So. 3d 921· Fla. 1st DCA· 2018-06-04 ·cited 21×
  Hart is not entitled to resentencing under the new juvenile sentencing laws because he was never resentenced pursuant to Graham; his original life sentences were vacated on improper joinder grounds, not Graham grounds. Hart's fifty-year aggregate sentence does not violate Graham
• Miller v. State
  208 So. 3d 834· Fla. 3d DCA· 2017-01-25 ·cited 13×
  Miller, a juvenile offender sentenced to life in prison for first-degree murder in 1973, appealed the denial of his post-conviction relief motion. The court reversed and remanded for resentencing under Florida's new juvenile sentencing statutes, holding that all juveniles are ent
• Hamilton v. State
  306 So. 2d 600· Fla. 2d DCA· 1975-01-29 ·cited 10×
  Julius Hamilton appealed his guilty plea convictions for robbery, challenging the validity of his plea and his sentences. The court affirmed the convictions but remanded for reduction of sentences to provide credit for pretrial jail time under a newly effective Florida statute.
• Dorfman v. State
  333 So. 2d 481· Fla. 3d DCA· 1976-05-25 ·cited 8×
  Bernard Dorfman appeals his conviction for nine counts of lewd and lascivious assault on female minors, challenging the legality of his sentence and claiming insufficient credit for time served. The court affirmed in part and reversed in part, holding that while the sentence itse
• Pappas v. State
  346 So. 3d 1200· Fla. 1st DCA· 2022-04-13 ·cited 4×
  The appellate court affirmed the denial of a postconviction motion, holding that a 2016 amendment to Florida's "10-20-Life" statute, which removed aggravated assault from the list of offenses eligible for enhanced penalties for firearm discharge, did not apply retroactively to th
• United States v. Nolan Nathaniel Edwards
  997 F.3d 1115· 11th Cir.· 2021-05-13 ·cited 4×
  The First Step Act is a self-contained, self-executing grant of authority that allows district courts to impose a reduced sentence, including a new term of supervised release, provided the overall sentence is reduced.
• Warthen v. State
  265 So. 3d 695· Fla. 4th DCA· 2019-02-27 ·cited 4×
  Consecutive sentences imposed on a juvenile for separate non-homicide and homicide offenses do not constitute an aggregate sentence subject to Graham and Miller review, and a defendant must demonstrate that his individual sentences violate those standards to obtain resentencing r
• United States v. Williams
  63 F.4th 908· 11th Cir.· 2023-03-23 ·cited 2×
  The First Step Act grants district courts discretion to deny sentence reduction motions, and a district court's denial is not a per se abuse of discretion, even if the sentence exceeds statutory maximums after subsequent legislative changes.
• State v. Michaud
  320 So. 3d 860· Fla. 2d DCA· 2021-04-16 ·cited 2×
  A juvenile offender sentenced to life with possibility of parole after 25 years is not entitled to sentence review under section 921.1402 when the sentence has been determined to be constitutional under Miller v. Alabama and Graham v. Florida, and the offense occurred prior to Ju
• Robinson v. State
  591 So. 2d 266· Fla. 4th DCA· 1991-10-09 ·cited 2×
  Robinson was convicted of burglary and theft committed in 1984 and sentenced as a habitual offender to 30 years. After his sentence was reversed on appeal for lack of written reasons for departure from guidelines, he was resentenced to the same term but was never given the opport
• Kirkland v. State
  Fla. 1st DCA· 2026-06-10
  Competent, substantial evidence supported the trial court's finding that the appellant was not rehabilitated and therefore not fit to reenter society, warranting affirmance of the denial of sentence modification under § 921.1402(7), Fla. Stat.
• Darling v. State
  Fla. 3d DCA· 2022-08-31
  Sentences of twenty years for aggravated assault and thirty years for manslaughter were legal under Florida law because the 10-20-Life statute mandated the twenty-year minimum for aggravated assault with firearm discharge, and manslaughter was properly reclassified as first-degre
• United States v. Johnson
  11th Cir.· 2020-06-16
  The Eleventh Circuit affirmed denials of sentence reductions for Jones and Jackson, but vacated denials for Allen and Johnson, remanding for clarification on whether the district courts understood their discretion to reduce sentences.
• United States v. Jackson
  11th Cir.· 2020-06-16
  The court affirmed denials for Jones and Jackson, but vacated denials for Allen and Johnson, remanding for clarification on whether the district court understood its discretion to reduce sentences.
• United States v. Allen
  11th Cir.· 2020-06-16
  The court affirmed sentence reduction denials for Jones and Jackson, but vacated denials for Allen and Johnson, remanding for clarification on whether the district court understood its discretion to reduce sentences.
• Rivera v. State
  Fla. 3d DCA· 2020-03-11
  This case involves an appeal by Eric Rivera, a juvenile offender, challenging a resentencing order. The court affirmed the trial court's decision, which denied Rivera's motion to reduce his sentence but amended it to reflect his eligibility for judicial review after fifteen years
• Mac Ray Wright v. State
  633 So. 2d 1204· Fla. 4th DCA· 1994-03-30
• Coban v. State
  502 So. 2d 1262· Fla. 2d DCA· 1986-12-30
  Where a defendant pled guilty to first-degree murder pursuant to a negotiated plea without being advised of the mandatory 25-year minimum before parole eligibility, and no direct appeal challenged the sentence's legality, the appellate court affirmed that the sentence is a negoti