Washington v. State, 110 So. 3d 1

Washington appeals convictions for two aggravated batteries with deadly weapon, two first-degree felony murders, and two kidnappings, all offenses occurring while juvenile.
Approximately 40–50 teenagers and young adults attended a party in Lee County on October 6, 2006; attendees used alcohol and drugs.
Washington helped beat the victims, hogtied them, and stood guard with guns as others carved gang initials and poured bleach on wounds; victims were captive for about 2.5 hours before being transported to an industrial park where they were shot and killed.
Although Washington had a weapon, the evidence showed others actually committed the murders.
At the first trial, only the aggravated batteries were found guilty; at the second trial Washington was found guilty of both kidnappings and both felony murders but not the murders themselves; he was sentenced to consecutive terms including life without parole for the murders and kidnappings.
The court reverses the felony murder and kidnapping sentences and remands for a new sentencing hearing, with life-without-parole determinations to be reconsidered on remand.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Must felony murder sentences be resented on remand?	Washington argues proportionality may render LWP sentences unconstitutional.	State contends remand for case-specific review is appropriate due to Arrington.	Felony murder sentences reversed and remanded for new sentencing on remand.
Are kidnapping sentences lawful pending murder-sentence determinations under Graham?	Graham allows review based on homicide-concomitant circumstances affecting nonhomicide terms.	Remand ordered to determine appropriate murder sentences first.	Kidnapping sentences reversed and remanded for resentencing after murder sentences are set.
Should the court remand rather than affirm given due process concerns?	Due process requires case-specific proportionality review for juveniles.	Remand to allow trial court to exercise judgment.	Remand with instructions for resentencing on the merits.

Graham v. Florida, 560 U.S. 48 (U.S. 2010) (life without parole for juveniles in nonhomicide offenses; exception when homicide involved)