St. Val v. State
107 So. 3d 553
| Fla. Dist. Ct. App. | 2013Background
- Defendant was convicted by a jury of attempted first-degree murder with a firearm, attempted second-degree murder with a firearm, and shooting into an occupied vehicle (four counts total).
- On February 3, 2006, he was sentenced to life imprisonment on count one and fifteen years on counts two, three, and four, to run concurrently.
- Direct appeal upheld the judgment and sentences, and the affirmance became final before Graham was decided.
- On September 27, 2010, Defendant moved for postconviction relief under Florida Rule of Criminal Procedure 3.850, arguing Graham v. Florida invalidated his life sentence for a non-homicide offense committed as a juvenile.
- The trial court denied the motion as untimely under Rule 3.850, and rehearing was denied.
- The Florida Supreme Court held Graham retroactively applies to permit resentencing, vacating the life sentence in count one and remanding for resentencing consistent with Graham.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Graham applies retroactively to permit postconviction relief. | Graham announced a new fundamental right applicable to his case and should be retroactively applied. | Graham applies prospectively or does not fit the timely-exception under 3.850(b)(2) as interpreted by some districts. | Graham retroactively applies for collateral review. |
| Whether 3.850(b)(2) or 3.800(a) allows relief after Graham. | Because Graham is retroactive, 3.850(b)(2) relief is available for his non-homicide juvenile life sentence; alternatively 3.800(a) may apply. | The motion was improperly deemed untimely under 3.850 and no relief should be granted. | The court could have considered under 3.850(b)(2) or 3.800(a); remand for resentencing is required. |
| Does Graham require resentencing in count one for attempted first-degree murder with a firearm. | Life sentence for a juvenile non-homicide offense violates Graham and must be vacated or reduced on resentencing. | No automatic resentencing is mandated by the record; procedural issues bar relief. | Yes; life sentence vacated and remanded for resentencing consistent with Graham. |
Key Cases Cited
- Cunningham v. State, 74 So.3d 568 (Fla. 4th DCA 2011) (juvenile life sentences for non-homicide offenses under Graham considerations)
- Manuel v. State, 48 So.3d 94 (Fla. 2d DCA 2010) (Graham applicability to juvenile sentencing decisions)
- Kleppinger v. State, 81 So.3d 547 (Fla. 2d DCA 2012) (Graham retroactivity recognized by Florida appellate courts)
- In re Sparks, 657 F.3d 258 (5th Cir. 2011) (Graham retroactive to collateral review per federal court)