Reynolds v. State
116 So. 3d 558
Fla. Dist. Ct. App.2013Background
- Guilty verdicts returned by jury; January 2002 life sentence on count I for robbery with a firearm.
- Graham v. Florida governs life sentences for juveniles; life without parole lacks meaningful opportunity for release.
- Trial court vacated the life sentence on count I as unconstitutional and ordered resentencing on count I only, with guidance to consider related opinions.
- Counts II and III (carjacking with a firearm and conspiracy) received 50 and 30 year terms, respectively, and were ordered concurrent with one another.
- Reynolds argued these sentences were “intertwined” with the life sentence and should be vacated or restructured; the court declined to modify them.
- The court explained applicable Florida authorities (De La Cosa, Fasenmyer, Herring) that prevent changing valid, unchallenged sentences on other counts after vacation of one count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether only the vacated life sentence on count I may be resentenced | Reynolds argues all sentences should be vacated or restructured | State argues only life on count I is invalid and others remain | Resentence limited to vacated life on count I; others not altered. |
| Can counts II and III be altered due to being intertwined with the life sentence | Reynolds contends packaging/intertwining justifies modification | State contends no such modification allowed | No modification of lawful sentences on counts II and III. |
| May a court restructure concurrent counts to achieve original sentencing intention | Reynolds seeks restructuring to achieve original plan | State argues restructuring not permitted | Restructuring to pursue original plan not permitted. |
| Post-Graham guidance on resentencing after vacating a life sentence | Graham requires broader resentencing consideration | State adheres to limited resentencing per Graham and subsequent Florida authorities | Resentencing should be limited to the vacated life sentence; other counts remain as issued. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (2010) (life without parole for juveniles unconstitutional only for lack of meaningful release)
- De La Cosa v. State, 784 So.2d 452 (Fla. 3d DCA 2000) (trial court cannot modify legal sentences on unchallenged counts on remand)
- Herring v. State, 411 So.2d 966 (Fla. 3d DCA 1982) (distinguishes lines of cases on remand resentencing authority)
- Fasenmyer v. State, 457 So.2d 1361 (Fla. 1984) (aggregate sentencing does not justify modifying unrelated convictions on remand)
- Henry v. State, 82 So.3d 1084 (Fla. 5th DCA 2012) (post-Graham line supporting limited resentencing)
- Kleppinger v. State, 81 So.3d 547 (Fla. 2d DCA 2012) (vacating life sentence on one count; resentencing on that count only)
- Cunningham v. State, 74 So.3d 568 (Fla. 4th DCA 2011) (resentencing confined to affected counts)
- Guzman v. State, 68 So.3d 295 (Fla. 4th DCA 2011) (resentencing on violation of probation or specific count)
- Manuel v. State, 48 So.3d 94 (Fla. 2d DCA 2010) (not entitled to resentencing on unchallenged counts)