LUNICK JANVIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the holdings of Graham and Miller, which apply to juvenile offenders sentenced for non-homicide offenses, do not apply to an adult offender sentenced for first-degree murder.
[1] The holdings of Graham v. …
[2] Life without parole for a non-homicide offense is inapplicable to the holding of Graham v. …
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Join FLexlaw to unlock all legal intelligenceLunick Janvier, who was 19 when he committed first-degree murder, appealed the denial of his motion to correct an illegal sentence. He argued his life…
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Lunick Janvier appeals the summary denial of his Rule 3.800(a) motion to correct illegal sentence. In his motion, Janvier challenged the constitutionality of his sentence of life without parole for the first degree murder he committed when he was 19 years old on the strength of Miller v. Alabama, — U.S. -, 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). We affirm.
The holding of Graham is inapplicable to this case as Janvier was not sentenced to life without parole for a non-homicide offense. Further, both Graham and Miller apply only to juvenile offenders, that is, those who were under the age of 18 at the time they committed the offense. Miller, 132 S.Ct. at 2460 (“We therefore hold that mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment’s *648prohibition on ‘cruel and unusual punishments’ ”); Graham, 130 S.Ct. at 2030 (“Because ‘[t]he age of 18 is the point where society draws the line for many purposes between childhood and adulthood,’ those who were below that age when the offense was committed may not be sentenced to life without parole for a nonhomicide crime.”) (quoting Roper v. Simmons, 543 U.S. 551, 574, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005)).
Article I, section 17, of the Florida Constitution provides:
The prohibition against cruel or unusual punishment, and the prohibition against cruel and unusual punishment, shall be construed in conformity with decisions of the United
States Supreme Court which interpret the prohibition against cruel and unusual punishment provided in the Eighth Amendment to the United States Constitution.
The trial court correctly concluded that the holdings of Graham and Miller do not apply in this case. To the extent Janvier asks this Court to expand these holdings to other “youthful offenders” under the age of 21, this Court is bound by the pronouncements of the Supreme Court of the United States.
Affirmed.
WARNER, GROSS and FORST, JJ., concur.
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Gibbs v. State, 127 So. 3d 838 (Fla. 4th DCA 2013)…PER CURIAM. Affirmed. See Janvier v. State, 123 So. 3d 647(Fla. 4th DCA 2013). GROSS, CONNER and LEVINE, JJ., concur.…
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Anthony v. State, 224 So. 3d 900 (Fla. 2d DCA 2017)…PER CURIAM. Affirmed. See § 775.084(4)(b), Fla. Stat. (Supp. 1988); Johnson v. State, 60 So. 3d 1045 (Fla. 2011); Williams v. State, 734 So. 2d 1113 (Fla. 2d DCA 1999); Janvier v. State, 123 So. 3d 647 (Fla. 4th DCA 2013); Romero v. State, 105 So. 3d 550 (Fla. 1st DCA 2012); Pleas v. State, 41 So. 3d 980 (Fla. 1st DCA 2010); Lykins v. State, 894 So. 2d 302 (Fla. 3d DCA 2005); Thomas v. State, 778 So. 2d 429 (Fla. 5th DCA 2001); Bloodworth v. State…
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Tolley v. State, 226 So. 3d 1011 (Fla. 4th DCA 2017)…Per Curiam. Affirmed. See Janvier v. State, 123 So. 3d 647 (Fla. 4th DCA 2013). Warner, Taylor and Conner, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Roper v. Simmons, 543 U.S. 551 (U.S. 2005)
- Graham v. Florida (1st Cir. 2010)