Gerardo Guzman v. State of Florida, 183 So. 3d 1025

At 14, Gerardo Guzman committed multiple offenses (including burglary of a conveyance with assault/battery) and was charged as an adult but received juvenile sanctions followed by adult probation.
Shortly after turning 18, Guzman violated probation by committing kidnapping; the trial court revoked probation and imposed a 60-year prison sentence (and a separate adult life sentence for the kidnapping not at issue here).
The Fourth District Court of Appeal reviewed Guzman’s challenge and certified two questions regarding whether Graham v. Florida applies to lengthy term-of-years sentences that are de facto life and, if so, when a term becomes de facto life.
The Florida Supreme Court had already addressed whether Graham applies to long term-of-years sentences in Henry v. State, answering that Graham does apply.
The Court here notes a key factual distinction from Graham: Guzman’s probation violation occurred after he turned 18, whereas Graham’s occurred while he was still a juvenile.
Because Guzman’s violation occurred as an adult and the dispositive certified question had already been answered by Henry, the Court discharged jurisdiction and declined to address when a term becomes de facto life.

Issue	Plaintiff's Argument (Guzman)	Defendant's Argument (State)	Held
Does Graham v. Florida apply to lengthy term-of-years sentences that amount to de facto life sentences?	Graham should apply; a 60‑year term for conduct originating in juvenile proceedings is a de facto life sentence requiring a meaningful opportunity for release.	The case differs because Guzman’s probation violation occurred after he turned 18; Graham applies only when the violation (and exposure to life) occurs while still a juvenile.	Florida Supreme Court: Graham applies to lengthy term-of-years sentences (as previously held in Henry), but Guzman is not entitled to relief because his probation violation occurred after age 18; jurisdiction discharged.
If Graham applies, at what point does a term-of-years become a de facto life sentence?	(Certify question) A term should be evaluated to determine when it is functionally life.	The Court should not decide the threshold here because the dispositive facts remove Guzman from Graham’s scope.	Court declined to address this second question and discharged jurisdiction.

Graham v. Florida, 560 U.S. 48 (2010) (juvenile non-homicide offenders may not be sentenced to life without parole; must have meaningful opportunity for release)
Henry v. State, 175 So.3d 675 (Fla. 2015) (Florida applied Graham to lengthy term-of-years sentences)
Guzman v. State, 110 So.3d 480 (Fla. 4th DCA 2013) (Fourth DCA certified questions of great public importance regarding Graham and de facto life terms)
Guzman v. State, 68 So.3d 295 (Fla. 4th DCA 2011) (district court opinion describing facts including the post-18 kidnapping charge)
Roper v. Simmons, 543 U.S. 551 (2005) (discusses societal line at age 18 distinguishing juveniles from adults for certain Eighth Amendment rules)