Adams v. State
188 So. 3d 849
Fla. Dist. Ct. App.2012Background
- Appellant was 16 years, 10 months old when he robbed at gunpoint and shot the victim multiple times, including a mouth shot.
- He was convicted of attempted first-degree murder, armed burglary, and armed robbery, and sentenced to 60 years with a 50-year minimum.
- The trial judge’s comments suggested a life sentence would have been imposed but for Graham v. Florida.
- Appellant contends the sentence is a de facto life sentence unconstitutional under Graham; the state argued Graham doesn't preclude a 60-year term.
- The court adopts a line of decisions holding Graham applies to de facto life sentences from lengthy term-of-years for juveniles.
- Appellant’s aggregate sentence would require serving 58.5 years; this exceeds his life expectancy, constituting a de facto life sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Graham apply to lengthy term-of-years sentences? | Graham does not bar all long terms; some may be permissible. | Graham does not preclude a long term if not effectively life. | Graham applies to de facto life sentences; 58.5-year term unconstitutional |
Key Cases Cited
- Henry v. State, 82 So.3d 1084 (Fla. 5th DCA 2012) (aggregate long term-of-years can be de facto life)
- Smith v. State, 93 So.3d 371 (Fla. 1st DCA 2012) (affirming 80-year sentence for juvenile)
- Floyd v. State, 87 So.3d 45 (Fla. 1st DCA 2012) (reversing 80-year sentence for juvenile)
- Thomas v. State, 78 So.3d 644 (Fla. 1st DCA 2011) (affirming 50-year sentence with 25-year minimum for juvenile)
- Gridine v. State, 89 So.3d 909 (Fla. 1st DCA 2011) (Graham applies to de facto life sentences)
- McCullum v. State, 60 So.3d 502 (Fla. 1st DCA 2011) (Graham as applied to homicide classification)