175 So. 3d 380
Fla. Dist. Ct. App.2015Background
- Defendant Johnny Barnes, who was 17 at the time of the offenses, was tried as an adult and convicted by a jury of multiple non-homicide offenses arising from a house-party shooting that injured nine people (aggravated battery with a firearm, aggravated assault with a firearm, carrying a concealed firearm, resisting an officer without violence, etc.).
- Trial court imposed an aggregate 60-year prison sentence; two shorter sentences (5 years and 1 year) were imposed on separate counts.
- Barnes appealed, arguing his lengthy sentences for crimes committed as a juvenile violated the Eighth Amendment under Graham v. Florida.
- The Florida Supreme Court’s decision in Henry v. State (2015) and Florida’s 2014 juvenile-sentencing statutes (sections 775.082 and 921.1402) require that juvenile nonhomicide offenders receive a meaningful opportunity for early release and a judicial review mechanism (review after 20 years for sentences >20 years).
- The trial court’s sentencing documents did not provide for the statutorily required judicial review after 20 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Barnes’s 60-year aggregate sentence for non-homicide offenses committed at 17 violates the Eighth Amendment absent a meaningful opportunity for early release | State: sentence as imposed is lawful | Barnes: lengthy sentence unconstitutional under Graham; juvenile nonhomicide offenders must have review/early release opportunity | Court: Agree with Barnes; statute requires judicial review after 20 years; sentences affirmed but remanded to amend sentencing documents to provide for review after 20 years |
| Whether resentencing is required for the 5-year and 1-year counts not covered by juvenile-sentencing statutes | State: statutes do not apply to those short counts | Barnes: (argued insufficiently meritorious to require resentencing) | Court: Statutory juvenile-sentencing provisions do not apply to those counts; resentencing not required |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (juvenile nonhomicide offenders must have meaningful opportunity for release)
- Roper v. Simmons, 543 U.S. 551 (juveniles are categorically different for Eighth Amendment purposes)
- Stanford v. Kentucky, 492 U.S. 361 (discussion of juvenile sentencing principles)