Guzman v. State
110 So. 3d 480
| Fla. Dist. Ct. App. | 2013Background
- Guzman challenges a sixty-year sentence for probation violation as unconstitutional under Graham v. Florida.
- Graham limits life without parole for non-homicide juveniles; question whether lengthy term-of-years can be a de facto life sentence.
- Guzman committed crimes at age fourteen; initial sentencing included juvenile probation then adult probation for burglary of a conveyance with assault or battery.
- After turning eighteen, Guzman was convicted of kidnapping, receiving a life sentence, and probation was revoked with a concurrent life term.
- On appeal, the life sentence for kidnapping was upheld; the life sentence for probation violation was reversed and remanded for a non-life sentence; trial court imposed sixty years.
- The court held Graham applies to actual life sentences, not to long term-of-years; affirmed Guzman’s sixty-year sentence and certified conflicts and questions for Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Graham apply to lengthy term-of-years sentences | Graham controls only actual life without parole | Graham does not address de facto life sentences | Graham does not apply to term-of-years sentences |
| If applicable, where is the de facto life threshold | Graham sets a bright-line for actual life; de facto threshold unclear | No clear standard; no guidance in Graham | Court cannot determine threshold; certifies questions to Supreme Court |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (2010) (prohibits life without parole for non-homicide juvenile offenses; no parole in Florida means no meaningful release)
- Henry v. State, 82 So.3d 1084 (Fla. 5th DCA 2012) (applies Graham to actual life sentences; not de facto life)
- Walle v. State, 99 So.3d 967 (Fla. 2d DCA 2012) (agrees Graham applies to actual life, not de facto life)
- Thomas v. State, 78 So.3d 644 (Fla. 1st DCA 2011) (term-of-years may become functional life; not controlling here)
- Gridine v. State, 89 So.3d 909 (Fla. 1st DCA 2011) (reiterates potential de facto life discussion)
- Floyd v. State, 87 So.3d 45 (Fla. 1st DCA 2012) (reversed an eighty-year sentence as de facto life)
- Smith v. State, 93 So.3d 371 (Fla. 1st DCA 2012) (affirmed an eighty-year sentence under Graham)
- Mediate v. State, 108 So.3d 703 (Fla. 5th DCA 2013) (discusses Graham in context of de facto life)