105 So. 3d 550
Fla. Dist. Ct. App.2012Background
- Romero challenges: (1) peremptory strike based on a venireperson speaking Spanish and possibly deferring to translation; (2) life without parole for second-degree murder violates Graham v. Florida.
- Facts: in Jacksonville, Siebold and his girlfriend sought directions at a park; Romero (18) and a friend made a demeaning remark about drug activity, a verbal altercation followed, and Romero shot Siebold in the chest in broad daylight, then fled and disposed of the gun.
- Siebold died the same night; Romero was convicted of second-degree murder and sentenced to life without parole.
- Issue preservation: defense counsel failed to renew objections, and the trial court’s ruling was deemed unpreserved for review per Joiner v. State and related rules.
- Graham issue: Romero argued his age and youth-related factors should mitigate a life sentence, urging extension of Graham beyond juveniles.
- Court outcome: court affirmed on both issues (no reversal on peremptory-strike issue due to preservation, and Graham-based challenge rejected).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Peremptory strike based on Spanish language | Romero argues strike based on language violated Batson-like protections. | State contends no reversible error due to preservation issues and non-violation under applicable standards. | Affirmed; issue not reached on merits due to preservation concerns. |
| Application of Graham to adult offender | Romero seeks Graham-based mitigation extending to adults with juvenile traits. | Graham does not apply to adults; four-factor test requires juvenile status plus other criteria not met here. | Affirmed; Graham not extended to adults; Miller considerations discussed but not applicable. |
Key Cases Cited
- Joiner v. State, 618 So.2d 174 (Fla.1993) (preservation of objections to jury lineup; renewal not required in some cases)
- Mitchell v. State, 620 So.2d 1008 (Fla.1993) (objection preservation in trial context)
- Milstein v. Mutual Sec. Life Ins. Co., 705 So.2d 639 (Fla.3d DCA 1998) (affirmative renewal of objections and preservation)
- Bauta v. State, 698 So.2d 860 (Fla.3d DCA 1997) (renewal of objections and preservation principles)
- Gootee v. Clevinger, 778 So.2d 1005 (Fla.5th DCA 2000) (timing of jury swearing and preservation)
- Watson v. Gulf Power Co., 695 So.2d 904 (Fla.1st DCA 1997) (interpretation of preservation in trial)
- Graham v. Florida, U.S. 560 U.S. 421, 130 S. Ct. 2011, 176 L. Ed. 2d 825 (2010) (juvenile life without parole limitations; foundational standard)
- Miller v. Alabama, U.S. _, 132 S. Ct. 2455, 183 L. Ed. 2d 407 (2012) (mandatory life without parole for juveniles unconstitutional)
- Walle v. State, 99 So.3d 967 (Fla.2d DCA 2012) (four-factor Graham framework for applying Graham in Florida)
- Jean-Michel v. State, 96 So.3d 1043 (Fla.4th DCA 2012) (Graham not applicable to adults)
- United States v. Moore, 643 F.3d 451 (6th Cir.2011) (Graham limited to juveniles; adult applications treated skeptically)