Lawton v. State
109 So. 3d 825
| Fla. Dist. Ct. App. | 2013Background
- Lawton, age 16, faced two cases 87-9838 (homicide/nonhomicide) and 87-8000 (nonhomicide).
- Convicted in the homicide/nonhomicide case; pled guilty in the nonhomicide case.
- Judgments entered Feb. 9, 1988: homicide nonhomicide sentences include life without parole for 25 years on murder and life with parole on related counts; nonhomicide counts also receive life-without-parole equivalents.
- Sentences for the two nonhomicide counts run concurrently with each other and with the homicide sentence.
- Lawton challenged under Graham v. Florida after its 2010 decision; trial court denied; direct and postconviction history followed.
- Court notes the statutory scheme in 1987 limited penalties for first-degree murder and related offenses; consideration of Graham involved whether the nonhomicide LWOP sentences were permissible when a homicide offense was also sentenced.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Graham applicability to unrelated nonhomicide counts | Lawton: Graham excludes nonhomicide LWOP when unrelated to homicide. | State: Graham applies when sentenced with homicide, even if cases are separate. | Violates Graham; remand for new sentencing on 87-8000 counts. |
| Graham exception for same-episode offenses | Lawton: exception only for same-episode offenses. | State: exception applies because Lawton was convicted of homicide. | Applies; 87-9838 nonhomicide LWOP valid within Graham framework. |
| Proportionality and timeliness of challenge | Lawton: LWOP disproportionate; timely challenge under 3.850. | State: proportionality/time-barred; issue foreclosed. | Proportionality claim time-barred; decision affirmed on 87-9838; 87-8000 remanded. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (juvenile nonhomicide LWOP violates Eighth Amendment unless release opportunity exists)
- Akins v. State, 104 So.3d 1173 (Fla. 1st DCA 2012) (distinguishable; result differs where multiple life sentences are imposed)
- Roper v. Simmons, 543 U.S. 551 (U.S. 2005) (death-penalty eligibility for juveniles; relevant backdrop to juvenile sentencing law)
- Lawton v. State, 538 So.2d 1369 (Fla. 3d DCA 1989) (background on departure/agency considerations in sentencing)
- Washington v. State, 110 So.3d 1 (Fla. 2d DCA 2012) (distinguishes Akins in context of multiple life sentences)