96 So. 3d 1043
Fla. Dist. Ct. App.2012Background
- Appellant Warner challenges three life-sentences imposed in three separate violent-crimes cases, arguing unconstitutionality as cruel and unusual punishment for being 19 at the time.
- Warner pled guilty/open to the court in all three cases, acknowledging life as the maximum for each incident.
- Sentences: Case 616 (aggravated assault) five years; counts 3-4 (attempted murder and aggravated robbery) life with 25-year minimum; Case 617 (two robbery with firearms) life with 10-year minimum; Case 618 (two robbery with firearms) life with 10-year minimum; sentences within each case were concurrent, but across cases were consecutive.
- The trial court held the 10-20-Life mandatory terms apply and mandated consecutive sentencing under the statute.
- Warner’s counsel objected to consecutiveness; the issue is reviewed de novo.
- This Court sua sponte consolidates the cases and affirms the life sentences on both constitutional and statutory grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality under Graham | Warner argues Graham makes three life sentences for nonhomicide crimes unconstitutional for a nineteen-year-old. | State contends Graham does not make these ages or crimes unconstitutional; the proportionality remains. | Graham does not render these sentences unconstitutional. |
| Consecutiveness under 10-20-Life | Warner contends trial court had discretion to run sentences concurrently. | State asserts Sousa requires consecutiveness for 10-20-Life offenses and to consecutive to any other felony. | Sentences must be consecutive under Sousa; trial court correct. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (life without parole for nonhomicide juveniles unconstitutional)
- Roper v. Simmons, 543 U.S. 551 (U.S. 2005) (age 18 as line between childhood and adulthood for death-eligibility rule)
- Solem v. Helm, 463 U.S. 277 (U.S. 1983) (proportionality factors for Eighth Amendment review)
- Bloodworth v. State, 504 So.2d 495 (Fla. 1st DCA 1987) (Solem as applied to prior violent felonies)
- Andrews v. State, 82 So.3d 979 (Fla. 1st DCA 2011) (Solem not applicable to prior violent felonies in some contexts)
- Sousa v. State, 903 So.2d 923 (Fla. 2005) (10-20-Life offenses must be served consecutively to each other and to other felonies)
- Adaway v. State, 902 So.2d 746 (Fla. 2005) (commentary on length of sentences and legislative delegation)