Starks v. State
128 So. 3d 91
| Fla. Dist. Ct. App. | 2013Background
- In December 2000, Maurice D. Starks (age 17) committed an offense sequence resulting in the death of James Kehoe and an armed burglary with assault or battery.
- A jury convicted Starks of second-degree murder (lesser-included) and armed burglary; the convictions were in November 2002.
- The murder conviction was enhanced to a life felony based on firearm use; the trial court imposed life sentences on both counts after receiving a PSI.
- Starks filed a Florida Rule of Criminal Procedure 3.800(a) motion arguing his life sentences are illegal under Miller and Graham because he was a juvenile at the time of the offenses.
- The postconviction court denied relief; the district court affirmed, holding Miller and Graham do not render his sentences illegal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Miller v. Alabama requires vacatur of Starks' life sentence for murder | Starks: Mandatory life for a juvenile homicide violates the Eighth Amendment under Miller | State: Statute gave trial court discretion to impose life or a term of years; not a Miller-type mandatory scheme | Denied — Miller doesn't apply because the statute permitted discretion; sentence not the mandatory life scheme Miller invalidated |
| Whether Graham v. Florida forbids Starks' life sentence for the nonhomicide burglary | Starks: Life sentence for burglary (a nonhomicide offense) violates Graham for juveniles | State: Burglary and murder arose from the same criminal episode; Graham excludes nonhomicide offenses committed with homicide | Denied — Graham's exception applies; life sentence for burglary during same episode as homicide is not illegal |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (Eighth Amendment bars mandatory juvenile life-without-parole for homicide; sentencing authority must consider youth/mitigation)
- Graham v. Florida, 560 U.S. 48 (2010) (Eighth Amendment forbids juvenile life-without-parole for nonhomicide offenses; excludes cases where nonhomicide is tied to homicide)
- Washington v. State, 110 So.3d 1 (Fla. 2d DCA 2012) (recognizes Graham exception for offenses committed with homicide)
- Lawton v. State, 109 So.3d 825 (Fla. 3d DCA 2013) (same: Graham does not apply when nonhomicide occurs in concert with homicide)