256 So. 3d 897
Fla. Dist. Ct. App.2018Background
- At 17, Felix Josue Martinez shot two people during a drug transaction; one victim died.
- Jury convicted Martinez of second-degree murder with a firearm, attempted second-degree murder with a firearm, and shooting into an occupied vehicle.
- After Miller v. Alabama and Florida statutory changes, Martinez was resentenced: 50 years (with a 25-year 10-20-Life minimum) for murder and 30 years (with a 25-year 10-20-Life minimum) for attempted murder, concurrent.
- Martinez challenged the resentencing, arguing Miller prohibits imposition of mandatory minimums (10-20-Life) on juveniles because they prevent individualized consideration of youth.
- The trial court held an individualized Miller/§921.1401 hearing and declined life, imposing term-of-years plus 10-20-Life minimums.
- The Fourth District affirmed, finding non-life mandatory minimums do not violate Miller/Graham when the juvenile received individualized consideration and periodic review under Florida law.
Issues
| Issue | Martinez's Argument | State's Argument | Held |
|---|---|---|---|
| Whether Florida’s 10-20-Life mandatory minimums violate Miller by preventing individualized sentencing for juveniles | 10-20-Life mandatory minimums remove meaningful consideration of youth and attendant circumstances, thus violating Miller and Landrum | Miller does not bar non-life mandatory minimums if the juvenile receives the individualized Miller/§921.1401 inquiry and periodic review | Non-life mandatory minimums (e.g., 25-year 10-20-Life) do not violate Miller/Graham where the court conducted an individualized §921.1401 hearing and resentencing per Landrum/Kelsey; affirmed |
| Whether §921.1401 supersedes the 10-20-Life statute as applied to juveniles | §921.1401 should override 10-20-Life mandatory minimums for juveniles | §921.1401 does not by its terms supersede 10-20-Life; both can operate together | §921.1401 does not supersede 10-20-Life; no statutory preemption found |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (juvenile nonhomicide offenders must have meaningful opportunity for release)
- Miller v. Alabama, 567 U.S. 460 (sentencer must consider youth and attendant circumstances before imposing life without parole on juveniles)
- Kelsey v. State, 206 So. 3d 5 (Fla. 2016) (juveniles sentenced to life without consideration of Miller entitled to resentencing under Fla. statutes)
- Landrum v. State, 192 So. 3d 459 (Fla. 2016) (Miller requires individualized sentencing considerations for juvenile life sentences, mandatory or discretionary)
- St. Val v. State, 174 So. 3d 447 (Fla. 4th DCA 2015) (upheld 25-year mandatory minimum for juvenile; non-life mandatory does not violate Graham/Miller)
- Young v. State, 219 So. 3d 206 (Fla. 5th DCA 2017) (10-year mandatory minimum under 10-20-Life for juvenile did not violate Miller when individualized hearing occurred)