Mason v. State
134 So. 3d 499
Fla. Dist. Ct. App.2014Background
- Mason committed a murder in 1989, using a sawed-off shotgun during an attempted robbery; the victim was unarmed.
- He was indicted for first-degree murder and attempted armed robbery, and the State sought the death penalty.
- In 1990 Mason pleaded to second-degree murder, a first-degree felony, and received life with a 15-year habitual violent felony offender minimum; he was about 17 years old.
- The sentence for attempted robbery was five years, to run concurrently.
- In 2012 Mason sought post-conviction relief invoking Miller v. Alabama, arguing for a new sentencing hearing based on his youth.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Miller retroactively applies to Mason. | Mason argues Miller must apply to his case. | State contends Miller is not retroactive and motion untimely. | Miller does not apply in this discretionary-sentencing context. |
| Whether Miller invalidates Mason's second-degree murder sentence. | Youth must be considered; life-without-parole schemes are unconstitutional for youths. | Second-degree murder carries discretionary, not mandatory life; Miller does not apply. | No Miller relief because the offense did not require mandatory life without parole. |
| Whether Graham or Roper apply to Mason’s case. | Graham/Roper provide protections for juveniles in some contexts. | These cases do not apply to this homicide case or to parole considerations here. | Graham and Roper do not apply to Mason’s post-conviction claim. |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (mandatory LWOP for juveniles unconstitutional; youth must be considered)
- Starks v. State, 128 So.3d 91 (Fla. 2d DCA 2013) (discretionary life for second-degree murder does not violate Miller)
- Daugherty v. State, 96 So.3d 1076 (Fla. 4th DCA 2012) (remand for considering youth attributes in resentencing; does not extend Miller)
- Falcon v. State, 111 So.3d 973 (Fla. 1st DCA 2013) (certifying question on Miller's retroactivity)
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (juvenile life sentencing considerations in non-homicide cases)
- Roper v. Simmons, 543 U.S. 551 (U.S. 2005) (death penalty for juveniles prohibited)