CLYDE EDWARD JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed a 100-year sentence for burglary of a dwelling while armed imposed on a juvenile offender, holding that Graham v. Florida does not prohibit lengthy term-of-years sentences for juveniles.
A lengthy term-of-years sentence imposed on a juvenile does not violate Graham v. Florida, which prohibits life sentences without parole for non-homicide offenses committed by minors.
[1] A term-of-years sentence, as distinguished from a life sentence without parole, does not violate Graham v. …
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Join FLexlaw to unlock all legal intelligenceClyde Edward Johnson was under 18 years old when he committed burglary of a dwelling while armed. He was originally sentenced to life imprisonment but…
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Clyde Edward Johnson challenges his 100-year sentence on a charge of burglary of a dwelling while armed, arguing that the sentence violates Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), as he was under 18 years old at the time of the offense.1 As our court has *1154already rejected the argument that a term of years sentence violates Graham in Henry v. State, 82 So.3d 1084 (Fla. 5th DCA 2012), rev. granted, 107 So.3d 405 (Fla.2012), we affirm. We certify that this decision conflicts with Floyd v. State, 87 So.3d 45 (Fla. 1st DCA 2012) and Adams v. State, -So.3d - (Fla. 1st DCA 2012).
AFFIRMED; CONFLICT CERTIFIED.
TORPY, LAWSON and JACOBUS, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. State, 215 So. 3d 1237 (Fla. 2017)…QUINCE, J. This case is before the Court for review of the decision of the Fifth District Court of Appeal in Johnson v. State, 108 So. 3d 1153 (Fla. 5th DCA 2013), which certified conflict with the decision of the First District Court of Appeal in Floyd v. State, 87 So. 3d 45 (Fla. 1st DCA 2012). We have [*1239] jurisdiction. See Art. V, § 3(b)(4), Fla. Const. For the following reasons, we…1 / 2
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Noelson Andrevil v. State, 226 So. 3d 867 (Fla. 4th DCA 2017)…apply the sentencing provisions of chapter 2014-220, Laws of Florida); Austin v. State, 127 So. 3d 1286, 1287 (Fla. 1st DCA 2013) (affirming juvenile’s 45-year mandatory minimum terms because it did not exceed his life expectancy); Johnson v. State, 108 So. 3d 1153, 1153-54 (Fla. 5th DCA 2013) CJohnson 1) (affirming a juvenile’s 100-year sentence on a charge of burglary of a dwelling while armed because.a term-of-years sentence does.not violate Graham); Thomas v. State, 78 So. 3d 644 (Fla. 1st DCA 2011) (affir…
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Edwards v. State, 145 So. 3d 194 (Fla. 5th DCA 2014)…(albeit, major) injury, thereby precluding a stacking of mandatory minimum sentences on these two counts. As to Edwards’ second issue, this Court has rejected the argument that a lengthy term of years sentence violates Graham. See Johnson v. State, 108 So. 3d 1153 (Fla. 5th DCA 2013); Mediate v. State, 108 So. 3d 703 (Fla. 5th DCA 2013); Henry v. State, 82 So. 3d 1084 (Fla. 5th DCA), rev. granted, 107 So. 3d 405 (Fla.2012). AFFIRMED, in part; REVERSED, in part; REMANDED for resentencing. COHEN, J., concurs.…
Authorities Cited
- Graham v. Florida (1st Cir. 2010)
- Leighdon Henry v. State, 82 So. 3d 1084 (Fla. 5th DCA 2012)
- Floyd v. State, 87 So. 3d 45 (Fla. 1st DCA 2012)