Opinion
No. 1D18-4849
01-22-2020
STATE of Florida, Appellant, v. Charleston D. GRINER, Appellee.
Ashley Moody, Attorney General, and Tabitha Rae Herrera, Assistant Attorney General, Tallahassee; Sheila Ann Loizos, Assistant State Attorney, Jacksonville, for Appellant. Rocco Joseph Carbone, III, of the Law Office of Rocco J. Carbone, III, St. Augustine, for Appellee.
Ashley Moody, Attorney General, and Tabitha Rae Herrera, Assistant Attorney General, Tallahassee; Sheila Ann Loizos, Assistant State Attorney, Jacksonville, for Appellant.
Rocco Joseph Carbone, III, of the Law Office of Rocco J. Carbone, III, St. Augustine, for Appellee.
Per Curiam.
The State appeals a postconviction order granting Griner's motion to correct an illegal sentence and requiring resentencing for the crime of first-degree murder committed by Griner when he was a juvenile. We reverse.
The postconviction court granted relief under Miller v. Alabama , 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) and Graham v. Florida , 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), as interpreted by Atwell v. State , 197 So. 3d 1040 (Fla. 2016). In State v. Michel , 257 So. 3d 3 (Fla. 2018), the Florida Supreme Court receded from Atwell , but the postconviction court determined that Michel is not binding precedent because fewer than four justices concurred in the opinion. However, in Franklin v. State , 258 So. 3d 1239 (Fla. 2018), a majority of the justices concluded that Atwell had misapplied Graham and Miller and was no longer good law. Id. at 1241. Because Griner is eligible for parole, his life sentence is not unconstitutional under Miller or Graham . Therefore, he is not entitled to resentencing under chapter 2014-220, Laws of Florida.
REVERSED.
Ray, C.J., and Kelsey and Winokur, JJ., concur.