Braxton v. State
212 So. 3d 539
| Fla. Dist. Ct. App. | 2017Background
- In 1987 Charles Braxton, Jr., then a juvenile, was convicted of second-degree murder and armed robbery and received concurrent life sentences after a guidelines departure.
- Braxton filed a Florida Rule of Criminal Procedure 3.850 motion arguing his life sentences for juvenile offenses violate the Eighth Amendment under Miller and Graham.
- The postconviction court summarily denied relief relying on Starks v. State.
- While this appeal was pending, the Florida Supreme Court disapproved Starks and held that discretionary life sentences for juveniles imposed without consideration of juvenile characteristics violate Miller; Graham likewise bars life without parole for juveniles in nonhomicide cases.
- The Second District reversed the denial of Braxton's 3.850 motion and remanded for resentencing under chapter 14-220 (sections 775.082, 921.1401, 921.1402, Fla. Stat.).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Braxton's juvenile life sentences violate the Eighth Amendment | Braxton: Miller and Graham render life sentences for juveniles unconstitutional and apply retroactively | State: Postconviction relief barred by precedent relied on by lower court (Starks) | Court: Miller and Graham apply; denial reversed and remanded for resentencing |
| Whether Miller and Graham provide a timeliness exception under rule 3.850(b)(2) | Braxton: Newly established constitutional rules permit relief despite time limits | State: Relief barred by prior controlling authority | Court: Retroactive application recognized; relief appropriate under the exception |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (holding mandatory life without parole for juvenile offenders violates the Eighth Amendment)
- Graham v. Florida, 560 U.S. 48 (holding life without parole for juveniles who commit nonhomicide offenses is categorically forbidden under the Eighth Amendment)
- Falcon v. State, 162 So. 3d 954 (applying Miller retroactively in Florida)
- Kleppinger v. State, 81 So. 3d 547 (applying Graham)
- Landrum v. State, 192 So. 3d 459 (disapproving Starks; holding discretionary juvenile life sentences unconstitutional when juvenile characteristics unconsidered)
- Henry v. State, 175 So. 3d 675 (resentencing under chapter 14-220 is proper remedy for Graham violations)
- Horsley v. State, 160 So. 3d 393 (resentencing under chapter 14-220 is proper remedy for Miller violations)
- Starks v. State, 128 So. 3d 91 (case relied on by postconviction court but later disapproved)