Mediate v. State
108 So. 3d 703
| Fla. Dist. Ct. App. | 2013Background
- Marc Mediate, as a juvenile, was convicted of kidnapping and four counts of sexual battery and sentenced to life for kidnapping and four concurrent 30-year terms for sexual battery.
- On direct appeal and collateral challenges, his convictions and sentences were affirmed.
- In 2010, Mediate filed a rule 3.800(a) motion to correct sentence arguing Graham v. Florida barred a life sentence without parole for a non-homicide juvenile crime.
- The trial court vacated the life sentence, resentenced Mediate to a 130-year term as an upward departure to be served concurrently with the sexual battery terms.
- Mediate challenges the departure as procedurally defective and substantively unsupported, and argues Graham applies to his aggregate sentence; the court reviews de novo but applies law-of-the-case constraints and waiver rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of written departure-facts requirement | Mediate claims the departure order lacks factual support for departure reasons | State contends waiver because issue not raised in trial court | Waived; appellate review barred for lack of trial-court preservation |
| Validity of departure reasons under law of the case | Four reasons mirror prior affirmed reasons; should be subject to review | Law of the case bars re-litigation of the departure reasons | Precluded by law-of-the-case doctrine; cannot revisit reasons on collateral review |
| Graham applicability to aggregate term-of-years sentence | Henry controls; long-term aggregate sentence not a de facto life sentence under Graham | Requests reconsideration of Henry in light of Graham and conflicting First District cases | Henry-controls; 130-year aggregate sentence not invalid under Graham; affirmed departure |
Key Cases Cited
- King v. State, 904 So.2d 505 (Fla. 5th DCA 2005) (valid reasons for departure must be in writing but must be preserved in trial court)
- State v. Resh, 992 So.2d 294 (Fla. 5th DCA 2008) (writing-preservation requirement for departure reasons acknowledged)
- McBride, 848 So.2d 287 (Fla.2003) (law-of-the-case precludes collateral review of previously decided issues)
- Isom v. State, 800 So.2d 292 (Fla. 3d DCA 2001) (law-of-the-case application to collateral relief)
- Raley v. State, 675 So.2d 170 (Fla. 5th DCA 1996) (law-of-the-case precludes reviewing previously affirmed sentences)
- Henry v. State, 82 So.3d 1084 (Fla. 5th DCA 2012) (aggregate term-of-years not invalid under Graham; de facto life sentence analysis discussed)
- Walle v. State, 99 So.3d 967 (Fla. 2d DCA 2012) (recognizes Henry on Graham and aggregate sentences)
- Gridine v. State, 89 So.3d 909 (Fla. 1st DCA 2011) (dissent referenced re Graham concerns; legislature authority on parole noted)
- Graham v. Florida, 560 U.S. 48 (2010) (juvenile life without parole for non-homicide crimes violates Eighth Amendment)
- Graham v. Florida (citation), 560 U.S. 48, 130 S. Ct. 2011 (2010) (summary of holding re juvenile LWOP)