Marshall v. State
214 So. 3d 776
| Fla. Dist. Ct. App. | 2017Background
- Larry Marshall, sentenced in 1976 to concurrent 99-year terms (totaling 119 years when accounting for a consecutive sentence), filed a postconviction motion under Fla. R. Crim. P. 3.850(b)(2) arguing his sentence is a de facto life term unconstitutional under the Eighth Amendment for juvenile offenders.
- Marshall sought relief based on Graham v. Florida and Florida Supreme Court precedent (Henry, Gridine) and requested resentencing under chapter 2014-220 (sections 775.082, 921.1401, 921.1402, Fla. Stat. (2014)).
- The trial court denied relief, reasoning Marshall’s parole eligibility made Graham inapplicable.
- Marshall asked the postconviction court to hold the case pending the Florida Supreme Court’s review of Atwell; the court declined and denied his motion.
- The Second District reversed, holding that Henry and Atwell logically extend Graham’s protections to juvenile term-of-years sentences with parole eligibility and remanded for resentencing under the 2014 juvenile-sentencing framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a juvenile’s long term-of-years sentence with parole eligibility can violate the Eighth Amendment | Marshall: 99/119-year sentence is a de facto life term and unconstitutional under Graham and Henry; he is entitled to resentencing under chapter 2014-220 | State: Parole eligibility means the sentence is not a Graham/Miller-type sentence and is constitutionally permissible | Court: Parole eligibility does not remove the sentence from Graham/Miller scrutiny; term-of-years with parole can violate the Eighth Amendment; reversed and remanded for resentencing |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (2010) (prohibits life-without-parole for juvenile nonhomicide offenders)
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (forbids mandatory life-without-parole for juveniles; requires individualized sentencing considering youth)
- Henry v. State, 175 So. 3d 675 (Fla. 2015) (held long term-of-years juvenile sentences unconstitutional under Graham when no meaningful opportunity for release exists)
- Gridine v. State, 175 So. 3d 672 (Fla. 2015) (applied Graham to a juvenile’s 70-year term)
- Atwell v. State, 197 So. 3d 1040 (Fla. 2016) (Florida parole eligibility alone does not satisfy Miller/Graham; juveniles with life-with-parole sentences entitled to resentencing)