Atwell v. State
128 So. 3d 167
| Fla. Dist. Ct. App. | 2013Background
- Atwell appeals denial of postconviction relief; motion was not under oath as required by rule 3.850(c).
- Motion alleged an illegal sentence and sought relief under rule 3.800(a).
- Convicted in 1992 of first-degree murder and armed robbery; he was 16 at the time of offenses.
- Court sentenced him to life in prison on both counts; murder conviction carried life without parole for 25 years under §775.082(1) (1989).
- Sentence for armed robbery was a consecutive life term; Miller v. Alabama argued decades later in February 2013.
- Trial court denied relief on grounds of lack of oath, untimeliness, and Miller not retroactive or applicable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Miller retroactivity and applicability | Miller applies retroactively to juveniles like Atwell. | Miller does not apply or is not retroactive in this context. | Miller inapplicable; not entitled to relief. |
| Miller's scope given no mandatory LWOP | Atwell was sentenced to LWOP for murder; Miller should apply. | Atwell was not sentenced to mandatory LWOP for murder. | Miller does not apply because no mandatory LWOP sentence existed. |
| Rule 3.850(c) sufficiency and timing | Motion should be considered despite procedural defects if meritorious. | Motion was not under oath and untimely; merits fail regardless. | Examination not reached; procedural defects barred relief. |
| Unpreserved argument about armed robbery sentence | Wants review of alleged LWOP on armed robbery. | Unpreserved issue; not addressed. | Not addressed on appeal. |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (Supreme Court 2012) (holds mandatory life without parole for juveniles unconstitutional; reliance on Graham)
- Graham v. Florida, 560 U.S. 48 (Supreme Court 2010) (life without parole unconstitutional for juvenile non-homicide offenses; requires meaningful opportunity for release)