Horsley v. State
121 So. 3d 1130
Fla. Dist. Ct. App.2013Background
- Anthony Horsley, Jr., was convicted of first-degree felony murder, robbery with a firearm causing death, and two counts of aggravated assault with a firearm; he was 17 at the time of the offenses.
- Horsley was resentenced to life without parole on the murder count; he appealed that resentencing and other trial rulings.
- The appeal centers on Miller v. Alabama, which held that mandatory life without parole (LWOP) for juveniles convicted of homicide violates the Eighth Amendment.
- Florida statute §775.082(1) previously mandated LWOP for capital murder; after Miller, courts have disagreed about the permissible sentencing alternatives for juvenile offenders.
- The court applied the doctrine of statutory revival and held that the 1993 version of §775.082(1) — providing life with parole eligibility after 25 years — is the only sentence now available for juveniles convicted of capital murder.
- The court vacated Horsley’s LWOP sentence for the murder count and remanded for resentencing on that count only; all other convictions and rulings were affirmed.
Issues
| Issue | Horsley’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether Miller allows trial courts discretion to impose a term-of-years instead of LWOP for juvenile capital murder | Miller permits sentencing courts discretion to avoid LWOP; Horsley argued court should have had discretion to impose a term of years | State defended the LWOP resentencing or other limitations on post-Miller relief | Court held that statutory revival controls: the prior statute authorizing life with parole after 25 years is the available sentence (not discretionary term-of-years) |
| Whether statutory revival should restore the pre-LWOP statutory sentencing scheme | Horsley supported revival of prior statute or imposition of a term-of-years consistent with Miller mitigation principles | State opposed rewriting statutory scheme; argued limits on relief | Court adopted statutory revival, reverting to the 1993 statute providing parole eligibility after 25 years |
| Whether the trial court’s Miller individualized mitigation inquiry was inadequate (making the LWOP illegal) | Horsley argued the court failed to properly address Miller mitigation factors so LWOP was applied illegally | State argued the court’s mitigation consideration was sufficient | Moot: because LWOP was vacated and resentencing ordered under revived statute, the claimed Miller-compliance error need not be remediated here |
| Whether other trial errors warranted a new trial on all charges | Horsley contended multiple errors required reversal of convictions | State argued issues were without merit | Court found no reversible error and affirmed convictions except for the murder sentence |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (mandatory life without parole for juvenile homicide offenders violates the Eighth Amendment)
- Washington v. State, 103 So.3d 917 (Fla. 1st DCA 2012) (analysis and discussion of sentencing alternatives post-Miller)