NOELSON ANDREVIL v. STATE OF FLORIDA
226 So. 3d 867
| Fla. Dist. Ct. App. | 2017Background
- In 2008, Noelson Andrevil (then 17) was charged as an adult with multiple violent nonhomicide offenses; he pled no contest in 2010 and was sentenced to concurrent 35-year terms (with one 30-year concurrent term) and probation on some counts.
- Ten days after the 2010 sentence, the U.S. Supreme Court decided Graham v. Florida, holding the Eighth Amendment prohibits life without parole for juvenile nonhomicide offenders and requires a meaningful opportunity for release based on demonstrated maturity and rehabilitation.
- After Graham, Andrevil successfully obtained postconviction relief on ineffective-assistance grounds and was resentenced in 2014 (at age 23) to concurrent 35-year terms, with credit for time served.
- Andrevil moved under Fla. R. Crim. P. 3.800(b)(2) claiming his sentence violated Graham and he was entitled to resentencing/review under chapter 2014-220 (sections 921.1401–.1402), but the trial court denied relief, finding the statute inapplicable retroactively and that his term was not a de facto life sentence.
- The Fourth District reversed as to sentencing: relying on Florida Supreme Court decisions (Henry, Kelsey, Johnson II) and the remedial scheme in Horsley, the court held Graham applies to juvenile term-of-years sentences that do not provide a meaningful opportunity for release and remanded for resentencing/review under chapter 2014-220.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Andrevil's concurrent 35-year terms violate Graham by denying a meaningful opportunity for release | Andrevil: 35-year concurrent terms lack a meaningful opportunity for early release based on maturity/rehabilitation and thus trigger Graham and chapter 2014-220 relief | State: Sentence predates statute's July 1, 2014 effective date for applicability and is not a de facto life sentence, so Graham/chapter 2014-220 do not apply | Court: Graham applies to term-of-years sentences that do not afford a meaningful opportunity for release; Andrevil is entitled to periodic review/resentencing under chapter 2014-220; sentence reversed and remanded |
| Whether the July 1, 2014 effective date bars relief for juveniles resentenced after that date for pre-2014 offenses | Andrevil: Sentencing statute and Graham/Horsley/Henry/Kelsey entitle him to the statute’s review protections because he was resentenced after the statute’s effective date | State: The statute should not apply retroactively to offenses committed before July 1, 2014 | Court: Because Andrevil was resentenced after July 1, 2014 and the relevant precedent treats status/opportunity (not mere offense date) as controlling, he receives the statute’s review protections |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (Eighth Amendment forbids life without parole for juvenile nonhomicide offenders; requires meaningful opportunity for release)
- Miller v. Alabama, 567 U.S. 460 (Eighth Amendment forbids mandatory life without parole for juveniles)
- Horsley v. State, 160 So. 3d 393 (Fla. 2015) (remedial rule: apply chapter 2014-220 to juvenile sentences unconstitutional under Miller)
- Henry v. State, 175 So. 3d 675 (Fla. 2015) (Graham implicated when sentence lacks meaningful opportunity for release; remand for chapter 2014-220 relief)
- Kelsey v. State, 206 So. 3d 5 (Fla. 2016) (juveniles serving lengthy sentences are entitled to periodic judicial review to assess maturation/rehabilitation)
- Johnson v. State, 215 So. 3d 1237 (Fla. 2017) (clarifies Graham applies to term-of-years sentences; remedy includes periodic review under chapter 2014-220)