Floyd v. State
87 So. 3d 45
| Fla. Dist. Ct. App. | 2012Background
- Floyd, age 17 in 1998, committed grand theft auto and two counts of armed robbery with a firearm described as a realistic pellet gun.
- The trial court initially sentenced Floyd to life on the armed robbery counts, later resentencing after Graham to consecutive forty-year terms.
- Floyd moved under Florida Rule of Criminal Procedure 3.800(b)(2) to correct sentencing error; motion denied.
- Graham held that life without parole for a juvenile nonhomicide offender is unconstitutional and requires a meaningful opportunity for release.
- Florida precedent acknowledged that a lengthy term may become functionally equivalent to life, but divided on where the line lies; this case involves an eighty-year sentence.
- The court concluded that Floyd’s eighty-year total sentence would exceed a meaningful opportunity for release, given Florida’s 85% time-served rule and possible gain-time effects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an eighty-year sentence for a juvenile nonhomicide offense is the functional equivalent of life without parole. | Floyd argues Graham prohibits such a sentence as unconstitutional. | State contends Graham does not categorically prohibit long term-of-years sentences for nonhomicide offenses. | Eighty-year sentence is the functional equivalent of LWOP; unconstitutional. |
| Does Graham require a meaningful opportunity for release in this jurisdiction’s framework. | Floyd asserts no meaningful chance at release under current sentencing and gain-time rules. | State asserts potential for release exists under Florida law and does not compel parole. | No meaningful opportunity to obtain release exists; warrants resentencing. |
| Should the trial court’s forty-year consecutive sentences be reversed and remanded for resentencing in light of Graham. | Graham guidance requires re-evaluation of long-term sentences for juveniles. | No prior directive mandating resentencing based on Graham beyond the LWOP framework. | Forty-year consecutive terms reversed and remanded for resentencing. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (life without parole for juvenile nonhomicide unconstitutional; requires meaningful opportunity for release)
- Thomas v. State, 78 So.3d 644 (Fla. 1st DCA 2011) (Graham limited to life without parole; lengthy term may be constitutional but not above line)
- Gridine v. State, 89 So.3d 909 (Fla. 1st DCA 2011) (lengthy term may become LWOP; court rejected 70-year as unconstitutional in context)
- People v. Caballero, 119 Cal.Rptr.3d 920 (Cal.App.Ct.2011) (california appellate court finds long juvenile nonhomicide sentence potentially unconstitutional)
- People v. J.I.A., 127 Cal.Rptr.3d 141 (Cal.App.Ct.2011) (juvenile sentence with long minimum confinement may be unconstitutional)