Manuel v. State
2010 Fla. App. LEXIS 16340
Fla. Dist. Ct. App.2010Background
- Manuel appealed a summary denial of his 3.850 motion alleging Eighth Amendment cruel-and-unusual punishment for juvenile life-without-parole (LWOP) sentences for nonhomicide offenses.
- Manuel, age 13 at the offenses (robbery with a firearm and two attempted first-degree murders), pleaded guilty to four offenses in open court.
- He received natural-life sentences for robbery with a firearm and for each attempted murder; the second attempted murder was a 40-year term, with the first one a life term.
- The court determined the LWOP sentences were unconstitutional only after Graham v. Florida was decided, and remanded for resentencing.
- On appeal, the court vacated the LWOP sentences for the two convictions arising from nonhomicide offenses and remanded for resentencing consistent with Graham.
- Graham decision extended Roper’s juvenile-protection principle to juvenile nonhomicide offenses; the case clarified that LWOP for juveniles in nonhomicide crimes is unconstitutional
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Graham requires vacating LWOP for juvenile nonhomicide offenses | Manuel argues Graham applies | State contends Graham inapplicable to Manuel's homicide-adjacent offenses | Yes; vacate LWOP for nonhomicide offenses |
| Whether Manuel's attempted murder is a nonhomicide offense for Graham’s rule | Manuel's attempted murder is nonhomicide under Tipton and Graham | State contends it could be homicidal conduct | Yes; treated as nonhomicide for Graham purposes |
| Scope of remand and effect on other sentences | Remand for resentencing on affected convictions | Forty-year attempted murder sentence remains valid | Remand for resentencing as to the two affected convictions; forty-year sentence unaffected |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (juvenile nonhomicide LWOP unconstitutional)
- Roper v. Simmons, 543 U.S. 551 (U.S. 2005) (juvenile death penalty protected; informs Graham rationale)
- Tipton v. State, 97 So.2d 277 (Fla. 1957) (definitional scope of homicide require death to have occurred)
- Coker v. Georgia, 433 U.S. 584 (U.S. 1977) (moral depravity of nonlethal crimes; life is not over for victims)
- Wemett v. State, 567 So.2d 882 (Fla.1990) (true life sentences for noncapital felonies without parole)
- Dolan v. State, 618 So.2d 271 (Fla. 2d DCA 1993) (life imprisonment without parole under 1983–1989 guidelines)
- Saint-Fleur v. State, 840 So.2d 261 (Fla. 2002) (life without parole under same guidelines not affirmed)