Smith v. State
93 So. 3d 371
| Fla. Dist. Ct. App. | 2012Background
- Smith was seventeen when he committed eight offenses between December 4–6, 1985 and was convicted in two cases.
- On April 22, 1986, he received five life sentences without parole on three counts and three five-year terms on other counts.
- In 2011, after Graham v. Florida, the state moved to correct an illegal sentence; Smith was resentenced to aggregate eighty years: four 40-year terms concurrent to earlier sentences, plus a separate 40-year term to run consecutive.
- Smith argues the aggregate term is the functional equivalent of life without parole and lacks a meaningful release opportunity.
- The court compares to Floyd, Thomas, and Gridine; distinguishes based on gain-time under 1985 statutes.
- The court holds that under 1985 gain-time, Smith has a meaningful opportunity for release through basic and incentive gain time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is an eighty-year term-of-years the functional equivalent of life without parole? | Smith contends the term forecloses meaningful release. | Smith asserts the sentencing structure provides no opportunity for rehabilitation-based release. | No; gain time yields meaningful release potential. |
| Does 1985 gain-time law provide a meaningful release opportunity for this juvenile offender? | Graham requires opportunity for release based on rehabilitation. | Gain time under 1985 statutes can substantially shorten time served. | Yes; 1985 basic plus incentive gain time provide meaningful opportunity. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (U.S. Supreme Court (2010)) (juvenile non-homicide life-without-parole violates Eighth Amendment; requires meaningful release opportunity)
- Thomas v. State, 78 So.3d 644 (Fla. 1st DCA 2011) (50-year sentence not automatically unconstitutional under Graham)
- Gridine v. State, 89 So.3d 909 (Fla. 1st DCA 2011) (70-year sentence not automatically equivalent to life without parole)
- Floyd v. State, 87 So.3d 45 (Fla. 1st DCA 2012) (long-term sentence may be functional equivalent of life; distinguished by facts)
- Henry v. State, 82 So.3d 1084 (Fla. 5th DCA 2012) (ninety-year aggregate term not necessarily invalid under Graham; dissenting view on approach)
- Shaffer v. State, 77 So.3d 939 (La. 2011) (parole eligibility remedy for Graham via statute striking; reinstates parole review)
- Weaver v. Graham, 450 U.S. 24 (U.S. Supreme Court (1981)) (ex post facto considerations in gain-time statutes)