BERENICE JUAREZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2014-05-07
No. 4D11-3724
MAY, CIKLIN and LEVINE, JJ., concur.
138 So. 3d 1094 Florida District Court of Appeal, Fourth District (2014) Positive Treatment
Cited by 6 cases
Topics
Eighth Amendment Abuse Of Discretion

Explore caselaw by topic → Browse Eighth Amendment cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant appeals her conviction for first-degree murder, and finding no error, we affirm her conviction. Appellant argues that the trial court erred in denying her request to introduce evidence regarding domestic violence committed by her mother’s ex-boyfriend, and in allowing the investigating detective to testify why he charged appellant with first-degree murder. We find no abuse of discretion in all of the trial court’s rulings, and we affirm appellant’s conviction without further discussion.

Appellant also asserts that her resulting sentence of life imprisonment without parole is unconstitutional under Miller v. Alabama, — U.S. —, —, 132 S.Ct. 2455, 2464, 183 L.Ed.2d 407 (2012), in which the Supreme Court of the United States held that “mandatory life-without-parole sentences for juveniles violate the Eighth Amendment.” (emphasis added). Because appellant was a juvenile at the time of the offense, we agree and reverse her mandatory life sentence and remand for resentencing after consideration of the factors outlined in Miller. See Brighton v. State, — So.3d — (Fla. 4th DCA 2014).

Affirmed in part, reversed in part, and remanded.

MAY, CIKLIN and LEVINE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Janard Orange v. State, 149 So. 3d 74 (Fla. 4th DCA 2014)
    …rty v. State, 96 So. 3d 1076, 1080 (Fla. 4th DCA 2012); see also Mackey v. State, No. 4D12-1573, — So. 3d —, 39 Fla. L. Weekly D1526, 2014 WL 3605552 (Fla. 4th DCA July 23, 2014); Dawson v. State, 142 So. 3d 948 (Fla. 4th DCA 2014); Juarez v. State, 138 So. 3d 1094 (Fla. 4th DCA 2014); Brighton v. State, 141 So. 3d 579 (Fla. 4th DCA 2014). Accordingly, we reverse Appellant’s sentence of life imprisonment without the possibility of parole for first degree murder, and remand for resentencing proceedings in confo…
  • Javarous Dawson v. State, 142 So. 3d 948 (Fla. 4th DCA 2014)
    …and, “to conduct further sentencing proceedings and expressly consider whether any of the numerous ‘distinctive attributes of youth’ referenced in Miller apply.” Daugherty v. State, 96 So. 3d 1076, 1080 (Fla. 4th DCA 2012). See also Juarez v. State, 138 So. 3d 1094 (Fla. 4th DCA 2014); Brighton v. State, No. 4D11-3740, 141 So. 3d 579, 39 Fla. L. Weekly D810, 2014 WL 1464695 (Fla. 4th DCA Apr. 16, 2014). We maintain the same position here. Thus, we vacate the defendant’s sentence and remand for a new sentencin…
  • MacKey v. State, 162 So. 3d 48 (Fla. 4th DCA 2014)
    …of youth’ referenced in Miller apply in this case so as to diminish the ‘penological justifications’ for imposing a life-without-parole sentence upon appellant.” Daugherty v. State, 96 So. 3d 1076, 1080 (Fla. 4th DCA 2012); see also Juarez v. State, 138 So. 3d 1094 (Fla. 4th DCA [*49] 2014); Brighton v. State, 141 So. 3d 579 (Fla. 4th DCA 2014). The trial court is “not preclude[d] ... from again imposing a life term without possibility of parole should the court upon reconsideration deem such sentence justifie…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw