Gridine v. State
89 So. 3d 909
| Fla. Dist. Ct. App. | 2011Background
- Gridine, age 14, shot a victim with a loaded shotgun during a robbery attempt on April 21, 2009.
- He was charged with attempted first-degree murder, attempted armed robbery, and aggravated battery; pled guilty to all counts.
- Trial court sentenced him to 70 years for attempted first-degree murder and 25 years concurrent for attempted armed robbery; 25-year firearm min. mandatory.
- Rule 3.800(b)(2) motion claimed Graham v. Florida barred the term-of-years sentence as the functional equivalent of life without parole for a juvenile.
- Trial court denied Graham applicability; appellate court affirmed, distinguishing Graham’s scope and limiting its reach, with a dissent noting a broader effect of Graham.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gridine’s 70-year sentence is the functional equivalent of life without parole. | Gridine argues Graham prohibits such a life-term-equivalent. | State contends Graham applies only to life without parole for nonhomicide offenses, not to multi-offense term-of-years. | No; Graham limited to life-without-parole for nonhomicide offenses and does not render Gridine’s term-of-years unlawful. |
| Whether Graham’s reasoning applies to juvenile offenders sentenced for nonhomicide offenses. | Graham should apply to require parole-like opportunities. | Graham does not mandate parole where not a life-without-parole sentence. | Graham’s framework not extended to Gridine’s 70-year term in this case. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (2010) (holding on juvenile nonhomicide LWOP limitations; requires meaningful opportunity for release)
- Thomas v. State, 78 So.3d 644 (Fla. 1st DCA 2011) (affirming juvenile 50-year sentence for armed robbery and aggravated battery)
- Manuel v. State, 48 So.3d 94 (Fla. 2d DCA 2010) (affirming juvenile 40-year sentence for attempted murder with a firearm)