Hernandez v. State
117 So. 3d 778
| Fla. Dist. Ct. App. | 2013Background
- Hernandez, 14, was convicted by a jury of first‑degree murder of 14‑year‑old J.G. and attempted first‑degree murder of 13‑year‑old A.M.; he received life without parole for murder plus 30 years for attempted murder.
- Murder occurred February 3, 2004; Hernandez confessed after Miranda waiver; he admitted planning to kill both victims for years.
- Evidence included a bloody windbreaker and glove, gloves changed, hat, jacket, and a gravity knife used to kill J.G.; Hernandez’s actions the day before mirrored the killing.
- Hernandez was evaluated for competency with multiple experts; initial opinions found him competent despite mental illness; a second competency hearing in 2008 affirmed competence.
- Venue was transferred from Miami‑Dade to Orange County due to pretrial publicity, then back to the Eleventh Judicial Circuit for sentencing; this direct appeal challenges Eighth Amendment, trial evidence sufficiency, direct file charging, and competency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eighth Amendment: mandatory life without parole for juveniles | Hernandez argues Miller requires individualized sentencing. | State contends Miller applies but does not categorically bar LWP for juveniles. | Vacate and remand for resentencing with individualized consideration. |
| Sufficiency of evidence for attempted first‑degree murder | State asserts overt act beyond preparation. | Defense contends no overt act occurred. | Sufficient evidence supported conviction; acts showed progression toward murder. |
| Constitutional challenge to direct filing as an adult | Direct file statute violates due process by denying juvenile status rights. | Direct file is authorized by law and longstanding case law. | Overruled; no absolute right to juvenile processing. |
| Competency to stand trial | Defense argued mental illness impaired competency. | State's experts found competency beyond reasonable dispute. | Trial court’s competency finding sustained; conflict in expert testimony does not overturn. |
Key Cases Cited
- Roper v. Simmons, 543 U.S. 551 (U.S. 2005) (death penalty for juveniles unconstitutional)
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (life without parole for juveniles limited to murder cases)
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (mandatory LWOP for juveniles violates Eighth Amendment; required individualized consideration)
- State v. Fleming, 61 So.3d 399 (Fla.2011) (Miller applied on direct review; remand for resentencing when applicable)
- Pagan v. State, 830 So.2d 792 (Fla.2002) (framework for sufficiency review in criminal cases (jury could infer elements))
- Coker v. State, 452 So.2d 1135 (Fla. 2d DCA 1984) (definition of overt act in attempt—beyond mere preparation)
- Wiggins v. State, 816 So.2d 745 (Fla. 4th DCA 2002) (overt act need not be last possible step toward commission)