Summary
noting that if the 2014 juvenile sentencing laws applied to appellant, he would be entitled to sentence review after 25 years because he attempted to kill the victim
Summary of this case from Hurst v. StateOpinion
CASE NO.: SC16-1905
01-19-2018
ROBERT LEE DAVIS, JR. Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Lower Tribunal No(s).: 4D15-3277; 561991CF000337AXXXXX
Upon review of the response to this Court's Order to Show Cause dated May 8, 2017, the Court has determined that it should accept jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Fourth District Court of Appeal's decision in this case is quashed, and this matter is remanded for resentencing in light of the decision in Johnson v. State, 215 So. 3d 1237 (Fla. 2017).
No Motion for Rehearing will be entertained by the Court. LABARGA, C.J., and PARIENTE, LEWIS, and QUINCE, JJ., concur.
POLSTON, J., dissents with an opinion, in which CANADY and LAWSON, JJ., concur. POLSTON, J., dissenting.
I would not remand this case for resentencing. Unlike the majority, I believe that a juvenile nonhomicide offender's sentence must violate Graham v. Florida, 560 U.S. 48 (2010), in order for that defendant to be entitled to resentencing pursuant to Graham. See Kelsey v. State, 206 So. 3d 5, 14 (Fla. 2016) (Polston, J., dissenting). In this case, as the Fourth District explained, Davis "is expected to be released when he is in his mid-50s." Davis v. State, 199 So. 3d 546, 547 (Fla. 4th DCA 2016). Therefore, because Davis' sentence is not a de facto life sentence, resentencing pursuant to Graham is not applicable. Accordingly, I respectfully dissent. CANADY and LAWSON, JJ., concur. A True Copy
Test: /s/_________
John A. Tomasino
Clerk, Supreme Court sh
Served: MITCHELL ALAN EGBER
ASHLEY N. MINTON
HON. LONN WEISSBLUM, CLERK
HON. JOSEPH E. SMITH, CLERK
HON. ROBERT EUGENE BELANGER, JUDGE