235 So. 3d 947
Fla. Dist. Ct. App.2017Background
- Defendant Jeffrey L. Vennisee committed a homicide at age 17 in 1978, pled guilty in 1979 to second-degree murder, and was sentenced to life with the possibility of parole.
- Vennisee was paroled in October 2002 after about 23 years, reinstated in 2007 after a parole violation, then violated parole again by committing multiple adult felony offenses and had parole revoked.
- In April 2015 Vennisee filed a postconviction motion seeking resentencing under Miller/Graham and Florida decisions (and Chapter 2014-220), arguing his juvenile life sentence violated the Eighth Amendment; the trial court denied relief.
- While his appeal was pending the Florida Supreme Court decided Atwell, extending Miller’s principles to some mandatory life-with-parole juvenile homicide sentences; the court applied the law as it then stood.
- The appellate court concluded Vennisee had already received a meaningful opportunity for release (he was released on parole), and because he committed new felonies as an adult and had parole revoked, Miller/Graham/Atwell do not require resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Vennisee’s juvenile life-with-parole sentence is unconstitutional under Miller/Atwell | Vennisee: Miller/Atwell apply retroactively and his sentence is a mandatory juvenile life sentence requiring resentencing | State: Sentence allowed parole; Vennisee already had meaningful opportunity and was released, so Miller/Atwell do not apply | Court: Denied; sentence not cruel and unusual because Vennisee already had meaningful opportunity and was released |
| Whether Graham/Miller entitle juveniles to guaranteed eventual release | Vennisee: Juveniles must be resentenced to ensure meaningful chance for release | State: Graham does not guarantee release, only a meaningful opportunity; Vennisee got that | Court: Graham does not guarantee release; Vennisee received more than Graham requires |
| Retroactivity of Miller/Atwell to sentences final before decisions | Vennisee: Entitled to retroactive relief under Falcon and related Florida precedent | State: Even if retroactive, facts here preclude relief | Court: Applied Atwell retroactively but found facts preclude relief because Vennisee had been paroled |
| Whether subsequent adult criminal conduct removes juvenile protections | Vennisee: Juvenile sentence still unconstitutional regardless of later conduct | State: Subsequent felony conduct and parole revocation show he had chance and forfeited leniency | Court: Subsequent adult offenses and parole revocation demonstrate he received the required meaningful opportunity; no resentencing required |
Key Cases Cited
- Roper v. Simmons, 543 U.S. 551 (holding death penalty unconstitutional for crimes committed by juveniles)
- Graham v. Florida, 560 U.S. 48 (juvenile life without parole for nonhomicide offenses violates Eighth Amendment; requires meaningful opportunity for release)
- Miller v. Alabama, 567 U.S. 460 (struck down mandatory life without parole for juveniles; requires individualized sentencing considering youth)
- Falcon v. State, 162 So. 3d 954 (Fla. 2015) (Miller applied retroactively to juvenile sentences final before decision)
- Atwell v. State, 197 So. 3d 1040 (Fla. 2016) (extended Miller to some mandatory life-with-parole juvenile homicide sentences where parole system was functionally equivalent to LWOP)
- Henry v. State, 175 So. 3d 675 (Fla. 2015) (term-of-years juvenile sentences that deny a meaningful opportunity for release violate Graham)
- Kelsey v. State, 206 So. 3d 5 (Fla. 2016) (juveniles resentenced under Graham who receive new sentences >20 years must comply with Chapter 2014-220)
- Currie v. State, 219 So. 3d 960 (Fla. 1st DCA 2017) (paroled juvenile who was released is not entitled to resentencing under Graham when he already had meaningful opportunity)