DAVID GARLAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2010-07-07
No. 1D09-1637
HAWKES, C.J., and DAVIS, J„ concur.
70 So. 3d 609 Florida District Court of Appeal, First District (2010) Positive Treatment
Cited by 9 cases
Opinion of the Court
WOLF, J.

WOLF, J.

On the court’s own motion, we withdraw our previous opinion dated February 5, 2010, and substitute the following in its place.

Appellant raises a number of issues. We affirm as to all issues but one: whether appellant’s sentence of life in prison for crimes he committed when he was a juvenile violates constitutional prohibitions against cruel and unusual punishment.

In light of the United States Supreme Court’s recent decision in Graham v. Florida, — U.S. -, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), we quash his sentence and remand for resentencing and for appointment of conflict-free counsel.

Affirmed in part; reversed in part; and remanded for further proceedings.

HAWKES, C.J., and DAVIS, J„ concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Percival Charles Ferris, Jr. v. State, 100 So. 3d 142 (Fla. 1st DCA 2012)
    …, e.g., Thames v. State, 93 So. 3d 1190, 2012 WL 3194117 (Fla. 1st DCA Aug.8, 2012) (at least 16 cases); Cooper v. State, 89 So. 3d 979 (Fla. 1st DCA 2012) (13 cases related to one conviction and at least 13 related to another); Richardson v. State, 70 So. 3d 609 (Fla. 1st DCA 2011) (13 cases); Butler v. State, 55 So. 3d 598 (Fla. 1st DCA 2011) (27 cases); Brown v. State, 10 So. 3d 1197 (Fla. 1st DCA 2009) (12 cases). Here, it seems to me that the patently frivolous nature of Appellant’s claims weighs in fav…
  • Treacy v. Al Lamberti, 80 So. 3d 1053 (Fla. 4th DCA 2012)
    …g juvenile defendants sentenced to life in prison a chance to be released. Therefore, life sentences for such juveniles are now subject to reversal based on Graham. See, e.g., Cunningham v. State, 74 So. 3d 568 (Fla. 4th DCA 2011); Garland v. State, 70 So. 3d 609 (Fla. 1st DCA 2010). Graham, however, does not impact petitioner’s bond because the language of Article I, Section 14 of the Florida Constitution focuses on the classification of the offense to determine entitlement to pretrial release, and not the…
  • Shernerd Richardson v. Cervone, 116 So. 3d 449 (Fla. 1st DCA 2013)
    …g that habeas corpus cannot be used to litigate issues that could have been or were raised on direct appeal or in postconviction motions). We also find that the filing of the petition violates a prior opinion of this court. In Richardson v. State, 70 So. 3d 609 (Fla. 1st DCA 2011), this court barred petitioner from any future pro se filings concerning Levy County Circuit Court case number 38-505-CF-00252 and required that any future pleading challenging the judgment and sentence must be signed by a member…

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