Washington v. State
103 So. 3d 917
| Fla. Dist. Ct. App. | 2012Background
- Washington, age 16, participated in a plan to scare and rob Pitcock; Pitcock was killed when the plan went awry.
- Jury found Washington guilty of first-degree felony murder while engaged in an attempted armed robbery and of attempted armed robbery with the accomplice carrying the firearm.
- Trial court sentenced Washington to life imprisonment for felony murder and 15 years for attempted armed robbery, to run concurrently.
- Florida law treated felony murder as a capital offense with death or life without parole; mandatory LWOP for juveniles has been challenged under Eighth Amendment principles.
- Supreme Court rulings in Roper and Graham invalidated certain juvenile punishments; Miller v. Alabama held mandatory LWOP for juveniles is unconstitutional absent individualized consideration.
- The court remanded for resentencing to conform with Miller’s individualized approach; the count 2 sentence was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandatory life without parole for juvenile homicide is constitutional. | Washington argues mandatory LWOP violates proportionality per Miller. | State concedes Miller requires individualized consideration; automatic LWOP is unconstitutional. | Yes; mandatory LWOP for Washington is unconstitutional and remanded for resentencing. |
| Whether the remand requires the trial court to consider sentencing alternatives beyond LWOP. | Not explicitly stated; focus on LWOP prohibition. | Remand should allow Miller-guided options. | Remand for resentencing in conformance with Miller; options to be considered by the trial court. |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (mandatory LWOP unconstitutional; individualized sentencing required for juveniles)
- Roper v. Simmons, 543 U.S. 551 (2005) (death penalty invalid for under 18 at offense)
- Graham v. Florida, 560 U.S. 48 (2010) (life without parole for non-homicide juvenile offenders unconstitutional)
- B.H. v. State, 645 So.2d 987 (Fla. 1994) (statutory revival principles; caution about reviving non-immediate predecessor statutes)
- Witt v. State, 387 So.2d 922 (Fla.1980) (Florida retroactivity framework for criminal procedure)