JAMES HARMON, III, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1983-09-01
No. 62537
ALDERMAN, C.J., McDONALD and EHRLICH, JJ., concur., ADKINS and OVERTON, JJ., dissent.
438 So. 2d 369 Florida Supreme Court (1983) Negative Treatment
Cited by 50 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida Supreme Court upheld a trial court's authority to impose six consecutive 100-year sentences with retention of jurisdiction over one-third of each (totaling 200 years) for multiple felonies each punishable by life imprisonment. The Court rejected challenges that retention of jurisdiction violated constitutional prohibitions against indefinite imprisonment and that consecutive definite terms impermissibly exceeded the statutory maximum penalty.


Holding

The Florida Supreme Court answered in the affirmative, holding that the trial court's imposition of consecutive 100-year sentences with retention of jurisdiction over one-third of each is constitutional and lawful. The Court rejected both the indefinite imprisonment challenge and the excessive penalty challenge, finding that the retention of jurisdiction is over definite terms of imprisonment and that consecutive definite sentences may exceed a defendant's life expectancy without exceeding the statutory maximum.


Headnotes

[1] A trial court may impose consecutive definite terms of imprisonment, even if each term exceeds the defendant's life expectancy.

[2] A trial court's retention of jurisdiction over a portion of a definite sentence does not render the term of imprisonment indefinite.

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Key Quotes

“the trial court did not retain jurisdiction over one-third of a life sentence, but rather imposed consecutive sentences of definite terms of imprisonment and retained jurisdiction over one-third of that total. Hence there is nothing indefinite about the term of imprisonment over which the trial court retained jurisdiction.”

Establishes the distinction that defeats the indefinite imprisonment claim; retention is over definite terms, not life sentences

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Facts & Procedural History

James Harmon pleaded guilty to two counts of second-degree murder and was convicted by jury of four additional felonies: robbery with firearm (two cou…

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Opinion of the Court
BOYD, Justice.

BOYD, Justice.

This cause is before us to review a decision of a district court of appeal, Harmon v. State, 416 So. 2d 835 (Fla. 1st DCA 1982), which passed upon a question certified to be of great public importance. We have jurisdiction. Art. Y, § 3(b)(4), Fla. Const. Petitioner James Harmon pled guilty to two counts of second-degree murder, one count of robbery with a firearm, and one count of kidnapping. In addition he was convicted by a jury of one count of robbery with a firearm and one count of kidnapping. In total petitioner was adjudicated guilty of committing six felonies, each “punishable by imprisonment for a term of years not exceeding life imprisonment.” §§ 782.04(2), 787.01(2), and 812.13(2)(a), Fla. Stat. (1981). The trial judge imposed six consecutive 100-year sentences, retaining jurisdiction over one-third of each sentence for a total retention period of 200 years.

The district court of appeal affirmed the convictions and sentences. Upon Harmon’s motion for rehearing, the district court entered an order denying the motion and certifying as a question of great public importance

the question of whether a sentencing court, authorized to impose for each of six felonies a term of years not exceeding life imprisonment, may impose six consecutive 100-year terms and retain jurisdiction for one-third of each sentence, aggregating 200 years, to review any parole release order of the Parole Commission.

We answer in the affirmative.

Harmon argues that a trial court’s retention of jurisdiction over a third of a life sentence violates the constitutional prohibition against indefinite terms of imprisonment contained in article I, section 17, Florida Constitution, which provides:

Excessive fines, cruel or unusual punishment, attainder, forfeiture of estate, indefinite imprisonment, and unreasonable detention of witnesses are forbidden.

He also contends that the trial court’s retaining jurisdiction for a period of 200 years imposes a greater penalty than if the court had imposed consecutive life sentences. See State v. Green, 421 So. 2d 508 (Fla.1982). Harmon asserts that he has thus received a greater penalty than the statutory maximum of life imprisonment.

We are not persuaded by either of these arguments. With respect to the first point, the trial court did not retain jurisdiction over one-third of a life sentence, but rather imposed consecutive sentences of definite terms of imprisonment and retained jurisdiction over one-third of that total. Hence there is nothing indefinite about the term of imprisonment over which the trial court retained jurisdiction. The statute providing the trial court’s authority to retain jurisdiction is clearly constitutional. Borden v. State, 402 So. 2d 1176 (Fla.1981).

As for petitioner’s second point, we have previously held that a person’s life expectancy was not intended to be used by the legislature to mark the longest term that person should serve. Alvarez v. State, 358 So. 2d 10 (Fla.1978). Thus a court may impose consecutive terms of definite imprisonment even though each term itself may exceed that particular defendant’s life expectancy. The fact that one-third of the combined total of the consecutive terms of imprisonment may exceed a particular defendant’s life expectancy does not render the terms in excess of the statutory maximum of life imprisonment. A person who commits several first-degree felonies each punishable by life imprisonment has no ground for complaint about a sentence which may and probably will result in his spending the rest of his life in prison. We therefore approve the decision of the district court of appeal.

It is so ordered.

ALDERMAN, C.J., McDONALD and EHRLICH, JJ., concur. ADKINS and OVERTON, JJ., dissent.


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Citator

Cited By (27 total)

  • Dufour v. State, 495 So. 2d 154 (Fla. 1986)
    …-141(5)(i), Fla.Stat. (1981). Because the court below found three proper aggravating and no mitigating circumstances, the result it reached, in spite of the error as to one factor, was correct and the death penalty properly imposed. Harmon v. State, 438 So. 2d 369 (Fla.1983); State v. Dixon, 283 So. 2d 1 (Fla.1973), cert. denied, 416 U.S. 943, 94 S.Ct. 1950, 40 L.Ed.2d 295 (1974). Finally, appellant raises a number of claims attacking the constitutionality of Florida’s capital sentencing statute which he ack…
  • Wemett v. State, 567 So. 2d 882 (Fla. 1990)
    …he were to survive the period during which the circuit court retained jurisdiction. Thus, it would be possible for Wemett to win an early release under the original sentencing scheme, regardless what his life expectancy may be. See Harmon v. State, 438 So. 2d 369, 370-71 (Fla.1983). The same cannot be said of a guidelines life sentence. Wemett would not be eligible for parole under the guidelines, Stewart v. State, 549 So. 2d 171, 175-76 (Fla.1989), cert. denied, — U.S. -, 110 S.Ct. 3294, 111 L.Ed.2d 802 (1…
  • Wilson v. State, 449 So. 2d 822 (Fla. 1st DCA 1984)
    …r section 947.-16(3) to retain jurisdiction over one-half of the total consecutive sentences imposed, but not over the first one-half of each of the consecutive sentences imposed. The state relies on the supreme court’s decision in Harmon v. State, 438 So. 2d 369 (Fla.1983), decided subsequent to Adams and Goree.1 In Harmon, however, the issue was not precisely that which is raised under this point, but rather whether the imposition of six consecutive 100-year terms, with the trial court’s retaining jurisdic…

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