Lewis v. State
118 So. 3d 291
Fla. Dist. Ct. App.2013Background
- In 1981 Paul Lewis (age 16 at offense) pleaded guilty to five armed robberies and received five concurrent life sentences with parole eligibility after 25 years; concurrent shorter terms were imposed for two aggravated battery counts.
- The judgment and plea colloquy are not included in the record before the court.
- In 2010 the U.S. Supreme Court decided Graham v. Florida, holding the Eighth Amendment forbids life-without-parole sentences for juvenile nonhomicide offenders and requires a meaningful opportunity for release.
- Lewis filed a postconviction motion arguing his current presumptive parole date (August 3, 2042) amounts to a de facto life-without-parole sentence in violation of Graham.
- The Florida Parole Commission initially set and later modified Lewis’s presumptive parole date multiple times: some reductions (including one for youthful-offender matrix and one for institutional work) but at least twelve extensions between 1987–2011 adding a total of 324 months due to disciplinary violations.
- The trial court denied relief; the appellate court affirmed, concluding Lewis received parole-eligibility at sentencing and his extended parole date resulted from his own institutional misconduct rather than an impermissible categorical denial of parole.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lewis’s life-with-parole sentence and current distant parole date violate Graham by functioning as a de facto life-without-parole sentence | Lewis: current presumptive parole date (2042) effectively denies meaningful opportunity for release and thus violates Graham | State: Lewis was sentenced to life with parole eligibility (complies with Graham); his extended parole date results from his disciplinary history and parole-review adjustments | Court: Denied relief — sentence complies with Graham; extended parole date attributable to Lewis’s misconduct, not a categorical bar to release |
| Whether prior "de facto life" precedents apply | Lewis: cites de facto life cases to show long term-of-years sentences can be equivalent to life without parole | State: Those cases involve modern term-of-years schemes without parole eligibility and are inapposite here | Court: Agrees with State — prior de facto life cases differ because Lewis was sentenced to life with parole eligibility under the old parole system |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (2010) (Eighth Amendment forbids life-without-parole for juvenile nonhomicide offenders; requires a meaningful opportunity for release)
- Floyd v. State, 87 So.3d 45 (Fla. 1st DCA 2012) (distinguishes ‘‘de facto life’’ challenges where modern term-of-years sentences lack parole eligibility)