TYRONE GLADON v. STATE OF FLORIDA
227 So. 3d 651
Fla. Dist. Ct. App.2017Background
- Gladon, proceeding pro se, filed a sworn motion to correct an illegal sentence challenging a 99-year term imposed for non-homicide offenses committed when he alleges he was a juvenile.
- The trial court denied the motion after the State disputed Gladon’s juvenile status (relying on DOC birthdate records) and argued the sentence was not unconstitutional because parole and gain-time would produce release within his lifetime.
- Gladon invoked Graham v. Florida and subsequent Florida decisions (Henry, Atwell) that limit lengthy juvenile non-homicide sentences without a meaningful opportunity for release tied to demonstrated maturity/rehabilitation.
- The Fourth District held the trial court should have treated Gladon’s sworn rule 3.800(a) motion as a timely rule 3.850(b)(2) motion because Graham-based relief is retroactive and Gladon filed within two years of controlling Florida decisions.
- The court rejected the State’s reliance on parole and gain time as satisfying Graham, noting Florida precedent requires release mechanisms based on demonstrated maturity/rehabilitation rather than administrative credits.
- The case is remanded for the trial court to consider Gladon’s claim under rule 3.850(b)(2) and, if the State cannot conclusively refute Gladon’s juvenile status from the record, to hold an evidentiary hearing where Gladon bears the burden of proof.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a 99-year sentence for offenses committed as a juvenile violates Graham | Gladon: sentence violates Graham because no meaningful opportunity for release based on maturity/rehabilitation | State: Gladon was not a juvenile; alternatively parole/gain time make sentence constitutional | Treated as timely 3.850(b)(2) claim; remanded for consideration and possible evidentiary hearing; parole/gain time do not satisfy Graham under Florida precedent |
| Whether a rule 3.800(a) sworn motion may be treated as a rule 3.850 motion | Gladon: motion should be treated as 3.850 because Graham-based right is retroactive | State: relief unavailable under 3.800 and an evidentiary hearing is needed on birthdate | Court: may treat 3.800(a) motion as 3.850 in interest of justice; Gladon’s claim timely under 3.850(b)(2) |
| Whether Graham and related Florida decisions apply retroactively | Gladon: Graham (and Henry/Atwell application) is retroactive and creates a new fundamental right | State: did not dispute retroactivity below as primary defense | Court: Graham and its Florida applications are retroactive; supports timeliness under 3.850(b)(2) |
| Whether the trial court must hold an evidentiary hearing on Gladon’s birthdate | Gladon: hearing required if State cannot prove birthdate from record | State: urged factual dispute that precludes relief on rule 3.800 | Court: if record attachments don’t conclusively refute Gladon, trial court must hold an evidentiary hearing where Gladon bears burden |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (2010) (categorical rule barring life without parole for juvenile nonhomicide offenders)
- Henry v. State, 175 So. 3d 675 (Fla. 2015) (applies Graham to lengthy term-of-years sentences)
- Atwell v. State, 197 So. 3d 1040 (Fla. 2016) (parole is inconsistent with Graham/Miller compliance)
- Kelsey v. State, 206 So. 3d 5 (Fla. 2016) (term-of-years need not be de facto life for Graham to apply)
- Johnson v. State, 215 So. 3d 1237 (Fla. 2017) (Graham prohibits lengthy juvenile terms without judicial review tied to rehabilitation)
- St. Val v. State, 107 So. 3d 553 (Fla. 4th DCA 2013) (Graham applied retroactively)
- Williams v. State, 197 So. 3d 569 (Fla. 2d DCA 2016) (Henry’s application to lengthy terms given retroactive effect)
- Marshall v. State, 214 So. 3d 776 (Fla. 2d DCA 2017) (reversing denial of 3.850(b)(2) motion by juvenile nonhomicide offender with a 99-year sentence)
- Oquendo v. State, 2 So. 3d 1001 (Fla. 4th DCA 2008) (warning that sanctions, contempt, and perjury penalties apply for false postconviction allegations)