McCullum v. State
60 So. 3d 502
| Fla. Dist. Ct. App. | 2011Background
- Appellant pled guilty on July 29, 2004 to attempted second-degree murder and robbery with a firearm.
- He was 17 years old at the time of the offenses, making him a juvenile when committed.
- He received life imprisonment without the possibility of parole for both offenses.
- In 2010, the Supreme Court in Graham v. Florida held that juveniles cannot be sentenced to LWOP for nonhomicide offenses and must have a real possibility of release.
- Florida’s parole system was abolished, so a juvenile sentenced to life has no real release possibility absent clemency.
- The court applied Manuel v. State to hold that attempted homicide is a nonhomicide offense for Graham purposes, invalidating the LWOP sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appellant's life sentences for nonhomicide offenses violate Graham. | Graham requires a realistic chance of release for juveniles serving life terms. | State contends Graham should not categorically apply to nonhomicide attempts, and argues for a different treatment of attempted homicide. | Life sentences for juvenile nonhomicide offenses unconstitutional; reversed and remanded. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (2010) (juveniles cannot be sentenced to LWOP for nonhomicide offenses; must have real opportunity for release)
- Manuel v. State, 48 So.3d 94 (Fla. 2d DCA 2010) (life sentence for attempted murder unconstitutional under Graham; attempted murder treated as nonhomicide)
- Tipton v. State, 97 So.2d 277 (Fla.1957) (definition of homicide context cited to distinguish homicide from nonhomicide offenses)