Javarous Dawson v. State
142 So. 3d 948
Fla. Dist. Ct. App.2014Background
- Appellant Javarous Dawson was sentenced to life imprisonment without parole for first-degree murder for an offense committed while he was a juvenile.
- Dawson appealed his sentence, arguing it violated the Eighth Amendment under Miller v. Alabama.
- The State conceded Dawson’s sentence violated Miller but argued the remedy should be reinstatement of the prior Florida statutory sentence: life with parole eligibility after 25 years.
- Florida appellate courts are split: some require a new sentencing hearing to consider youth-related mitigating factors; others hold the only available Florida sentence is life with parole after 25 years.
- This court previously required resentencing under Miller in Daugherty and followed that approach in related Fourth District decisions.
- The Fourth District vacated Dawson’s LWOP sentence and remanded for a new sentencing hearing, certifying conflict with Horsley.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Miller requires a new sentencing hearing when a juvenile received LWOP | Dawson: Miller requires the sentencer to consider youth-related factors at a new hearing | State: No new hearing; reinstate prior constitutional sentence (life with parole after 25 years) | Court: Miller requires resentencing; vacated LWOP and remanded for new sentencing |
| Proper remedial sentence if Miller violated | Dawson: Sentencer must examine "distinctive attributes of youth" and may impose lesser sentence | State: Remedy is automatic reversion to life with parole after 25 years under §775.082(1) (1993) | Court: Rejects automatic reversion; orders resentencing to allow consideration of youth-related mitigation |
| Whether Fourth District precedent requires resentencing under Miller | N/A | N/A (parties argued above) | Court follows Daugherty and its own prior decisions requiring resentencing |
| Whether to resolve conflict with other DCAs (Horsley) | N/A | N/A | Court certifies conflict with Horsley for resolution by higher court |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (Eighth Amendment forbids mandatory LWOP for juveniles; sentencer must consider youth-related differences)
- Daugherty v. State, 96 So. 3d 1076 (Fla. 4th DCA 2012) (remand for resentencing to consider Miller’s youth-related factors)
- Hernandez v. State, 117 So. 3d 778 (Fla. 3d DCA 2013) (sentencer must be free to impose a lesser sentence under Miller)
- Washington v. State, 103 So. 3d 917 (Fla. 1st DCA 2012) (remand appropriate so trial court can take evidence and consider sentencing options)
- Horsley v. State, 121 So. 3d 1130 (Fla. 5th DCA 2013) (position that the only available Florida sentence for juvenile capital murder is life with parole after 25 years)