Shimeeka Daquiel Gridine v. State of Florida, 175 So. 3d 672

At age 14, Gridine pleaded guilty to attempted first-degree murder and attempted armed robbery; an aggravated battery count was later nolle prossed.
The trial court sentenced Gridine to 70 years imprisonment for attempted first-degree murder (with a 25-year mandatory minimum) and 25 years for attempted armed robbery.
Gridine moved under Fla. R. Crim. P. 3.800(b)(2), arguing the 70-year term was a de facto life sentence for a juvenile nonhomicide offender and violated the Eighth Amendment per Graham v. Florida.
The trial court denied relief, reasoning Graham did not protect defendants who demonstrated intent to kill and upheld the 70-year term.
The First District affirmed, finding Graham inapplicable because Gridine did not face life without parole, then certified a question of great public importance to the Florida Supreme Court.
The Florida Supreme Court held attempted first-degree murder is a nonhomicide offense under Florida law and concluded the 70-year sentence failed to provide a meaningful opportunity for release in light of Graham; the sentence was declared unconstitutional and the case remanded for resentencing consistent with Henry v. State.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Graham v. Florida applies to a juvenile convicted of attempted first-degree murder (nonhomicide)	Gridine: as a juvenile nonhomicide offender, Graham applies and bars sentences that deny meaningful opportunity for release	State: Graham does not apply because attempted murder should be treated like homicide here and Gridine does not face life without parole	Court: Attempted first-degree murder is a nonhomicide offense under Florida law; Graham applies
Whether a 70-year sentence (with 25-year minimum) for a 14-year-old nonhomicide offender is constitutional under Graham	Gridine: 70 years is a de facto life term for a juvenile and lacks a meaningful opportunity for release, violating the Eighth Amendment	State: Sentence is lawful; trial court can reflect defendant's intent and culpability, so Graham's categorical protection is inapplicable	Court: 70-year term does not provide a meaningful opportunity for release and is unconstitutional under Graham; sentence vacated and remanded for resentencing

Graham v. Florida, 560 U.S. 48 (2010) (juvenile nonhomicide offenders cannot be sentenced to terms that preclude a meaningful opportunity for release)
Kennedy v. Louisiana, 554 U.S. 407 (2008) (distinguishing homicide from other serious violent offenses in proportionality analysis)
Tipton v. State, 97 So. 2d 277 (Fla. 1957) (Florida precedent treating attempted murder as a nonhomicide offense)
Manuel v. State, 48 So. 3d 94 (Fla. 2d DCA 2010) (recognizing attempted murder as nonhomicide under Tipton and Graham)
Haygood v. State, 109 So. 3d 735 (Fla. 2013) (standard that legal questions like certified questions are reviewed de novo)
Gridine v. State, 93 So. 3d 360 (Fla. 1st DCA 2012) (district court decision below that questioned Graham’s applicability and certified a question of great public importance)