DARYL LEVON TINDALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2014-04-30
No. 4D12-2324
WARNER, MAY and LEVINE, JJ., concur.
138 So. 3d 545 Florida District Court of Appeal, Fourth District (2014) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Guzman v. State, 110 So.3d 480 (Fla. 4th DCA 2013). We certify conflict with Thomas v. State, 78 So.3d 644 (Fla. 1st DCA 2011), and certify the following questions to the Florida Supreme Court:

1. DOES GRAHAM V. FLORIDA, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), APPLY TO LENGTHY TERM-OF-YEARS SENTENCES THAT AMOUNT TO DE FACTO LIFE SENTENCES?
2. IF SO, AT WHAT POINT DOES A TERM-OF-YEARS SENTENCE BECOME A DE FACTO LIFE SENTENCE?

Affirmed; conflict certified; questions certified.

WARNER, MAY and LEVINE, JJ., concur.


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Citator

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  • Michel v. State, 159 So. 3d 233 (Fla. 4th DCA 2015)
    …E FACTO LIFE SENTENCES? 2. IF SO, AT WHAT POINT DOES A TERM-OF-YEARS SENTENCE BECOME A DE FACTO LIFE SENTENCE? See, e.g., Cameron v. State, 144 So. 3d 631 (Fla. 4th DCA 2014); Bucknor v. State, 138 So. 3d 546 (Fla. 4th DCA 2014); Tindall v. State, 138 So. 3d 545 (Fla. 4th DCA 2014). Affirmed; conflict certified; questions certified. STEVENSON, MAY and KLINGENSMITH, JJ., concur. . Melbourne v. State, 679 So. 2d 759 (Fla. 1996).…

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