Thomas v. State
2011 Fla. App. LEXIS 20831
| Fla. Dist. Ct. App. | 2011Background
- Thomas convicted of armed robbery and aggravated battery; concurrent terms of 50 years with 25-year minimums.
- Trial court allowed a peremptory challenge on an African-American juror; Thomas argues error but it's meritless.
- Victim Alphonso Fly shot during the robbery; Fly paralyzed from the waist down.
- Trial court reduced life sentences to 50 years under Rule 3.800(b)(2) after Graham reasoning.
- Second Rule 3.800(b)(2) motion argued 50-year term violates Graham's framework; court denied, finding not the functional equivalent of life.
- Court affirms trial court, noting Graham limits and encourages legislative refinement of review mechanisms for juvenile sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the peremptory strike of an African-American juror violated equal protection. | Thomas argues the strike was improper. | State contends no reversible error | Issue not meritorious; no reversible error. |
| Whether fifty-year sentence for a juvenile nonhomicide offense is the functional equivalent of life without parole under Graham. | Thomas contends it is the functional equivalent of life without parole. | State argues Graham does not require release and does not categorically bar long term-yr sentences. | Not the functional equivalent; affirmed. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 55 (S. Ct. 2010) (juvenile nonhomicide sentencing; meaningful opportunity for release rather than automatic life)
- People v. Mendez, 188 Cal. App. 4th 47 (Cal. App. 2010) (long nonhomicide sentence for juvenile unconstitutional)