Akins v. State
2012 Fla. App. LEXIS 20552
| Fla. Dist. Ct. App. | 2012Background
- Akins, age 14 at the time of the attempted murder, received a life sentence without parole for a nonhomicide offense.
- Graham v. Florida held juveniles may not be sentenced to life without parole for nonhomicide offenses; the Court identified this as a categorical rule for those under 18.
- Akins previously pled to second-degree murder and was remanded after a gray area decision; subsequent remand information led to a new conviction for attempted first-degree murder.
- The life sentence in this case was solely for the attempted nonhomicide offense, with no parole eligibility.
- The trial court denied relief under Graham on the merits, rejecting the applicability of the Graham rule to this mixed homicide/nonhomicide context.
- The court reversed and remanded for resentencing, agreeing that Graham precludes a life sentence without parole for a juvenile on a nonhomicide offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Graham preclude life without parole for a juvenile’s nonhomicide offense when a homicide was also involved? | Akins argues Graham bars life without parole for the nonhomicide offense. | State contends Graham does not bar when homicide is involved or when applied to nonhomicide offenses with concurrent homicide. | Graham precludes life without parole for the juvenile nonhomicide offense; reversed and remanded. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (2010) (categorical ban on life without parole for juvenile nonhomicide offenses)
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (requires consideration of the offender's youth in homicide sentencing; informs Graham context)
- McCullum v. State, 60 So.3d 502 (2011) (held attempted second-degree murder is a nonhomicide offense under Graham)
- Manuel v. State, 48 So.3d 94 (2010) (held that attempted first-degree murder is a nonhomicide offense under Graham)