Gonzalez v. State
101 So. 3d 886
Fla. Dist. Ct. App.2012Background
- Gonzalez murdered a 49-year-old man by stabbing twelve times when Gonzalez was 16, two months shy of 17.
- He was convicted of first-degree, premeditated murder, a capital felony, with a mandatory life sentence without parole.
- Appellate history: affirmance by Florida First District Court of Appeal; subsequent denials by Florida and U.S. supreme courts.
- After Miller v. Alabama (2012) announced, Gonzalez filed a petition for writ of habeas corpus seeking Miller relief.
- Threshold issue: whether Miller applies retroactively to judgments final before Miller and whether it requires resentencing.
- Florida Third District held Miller not retroactive under Witt v. State framework; petition denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Miller retroactive to final judgments? | Gonzalez contends Miller applies retroactively to his case. | State argues Miller is not retroactive under Witt factors. | Miller not retroactive; petition denied. |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (mandatory life without parole for juveniles not punishing for past acts)
- Witt v. State, 387 So.2d 922 (Fla. 1980) (three-factor Witt test for retroactivity)
- Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011) (retroactivity concerns and finality considerations)
- Chandler v. State, 916 So.2d 731 (Fla. 2005) (retroactivity considerations when rule does not enhance finality)