Treacy v. Lamberti
2012 Fla. App. LEXIS 973
Fla. Dist. Ct. App.2012Background
- Petitioner, a juvenile, is charged with attempted first degree premeditated murder with a deadly weapon, a life felony.
- Petitioner filed a habeas corpus petition seeking pretrial bond as a matter of right under Graham v. Florida.
- Graham held life without parole for juveniles who did not commit homicide violates the Constitution, but does not guarantee release.
- Florida’s statute and rules classify the charged offense as a life felony, impacting pretrial release determinations.
- The court adopts Judge Haimes’ analysis distinguishing offense classification from sentencing, focusing on Article I, §14 and Fla.R.Crim.P. 3.131(a).
- The court concludes Graham does not alter the defendant’s right to bond in this case and maintains the offense’s classification as a life felony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Graham entitle bond as a matter of right? | Petitioner argues Graham requires bond. | Gross argues Graham does not affect bond, which depends on offense classification. | Graham does not change pretrial bond rights here. |
| Is the offense an offense punishable by life imprisonment for bond purposes? | Petitioner contends the offense is not necessarily life-imprisonment for release purposes due to Graham. | Gross; the offense remains a life felony under statute, keeping bond considerations tied to classification. | Yes; the offense is an offense punishable by life imprisonment for purposes of Article I, §14. |
| Does Graham affect the statutory framework for bond versus sentencing focus? | Petitioner relies on Graham to obtain release opportunities. | State distinguishes sentencing from pretrial release; classification controls bond eligibility. | No; Graham does not alter classification-based bond analysis. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (2010) (life without parole for non-homicide juveniles violates Constitution; opportunity for release)
- Cunningham v. State, 74 So.3d 568 (Fla. 4th DCA 2011) (reversal due to Graham for non-releaseable life sentences)
- Garland v. State, 70 So.3d 609 (Fla. 1st DCA 2010) (Graham-related implications for life sentences)
- Batie v. State, 534 So.2d 694 (Fla. 1988) (classification governs post-conviction consequences; intent controls)
- State v. Hogan, 451 So.2d 844 (Fla. 1984) (degree of crime dictated by legislature for penalties)
- Florida Parole Commission v. Criner, 642 So.2d 51 (Fla. 1st DCA 1994) (parole treatment of capital felony informs release calculations)