Weiand v. State, 129 So. 3d 434

Weiand, then 17, pled guilty in five cases in 1988, including homicide, kidnapping, and robbery, under a negotiated agreement.
Homicide sentence: life with parole eligibility after a mandatory minimum of 25 years.
Kidnapping and robbery: concurrent life sentences to be served consecutively to the homicide sentence, effectively life without parole.
In 2012, Weiand filed a post-conviction relief motion asserting five claims; the trial court denied without a hearing.
The only meritorious claim, according to the court, concerns Graham v. Florida and the non-homicide life sentences for a juvenile offender.
The Florida Supreme Court reverses the denial on that claim, remands for re-sentencing on the non-homicide offenses, and otherwise affirms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether juvenile non-homicide life sentences violate Graham when a homicide offense is also present	Weiand contends Graham prohibits life without parole for juveniles on non-homicide offenses when a homicide offense is also involved.	State argues Graham does not apply due to the concurrent homicide sentence and the lower courts’ reasoning aligning with Lawton and Starks.	Remand for re-sentencing on non-homicide offenses; Graham applies to bar juvenile life without parole on non-homicide offenses

Graham v. Florida, 560 U.S. 48 (2010) (bright-line rule prohibiting LWOP for juveniles on non-homicide offenses)
Lawton v. State, 109 So.3d 825 (Fla. 3d DCA 2013) (supports no Graham exception for juvenile homicide/non-homicide offenders)
Dolan v. State, 618 So.2d 271 (Fla. 2d DCA 1993) (historical parole eligibility context for non-capital felonies)
St. Val v. State, 107 So.3d 553 (Fla. 4th DCA 2013) (Graham retroactivity interpretation in Florida courts)
Manuel v. State, 48 So.3d 94 (Fla. 2d DCA 2010) (retroactivity of Graham under Florida appellate courts)
Graham v. Florida, 560 U.S. 48 (2010) (see above)