JAVAROUS DAWSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2014-07-16
Nos. 4D11-2428, 4D13-871
TAYLOR, CIKLIN, and GERBER, JJ., concur.
142 So. 3d 948 Florida District Court of Appeal, Fourth District (2014) Positive Treatment
Cited by 2 cases

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Synopsis

A juvenile defendant sentenced to life without parole for first-degree murder appeals on Eighth Amendment grounds. The Florida Fourth District Court of Appeal holds that Miller v. Alabama requires a new sentencing hearing where the trial court must consider the defendant's youth and distinctive attributes before imposing such a sentence.


Holding

The court holds that a new sentencing hearing contemplated by Miller v. Alabama must occur on remand. The trial court must conduct further sentencing proceedings and expressly consider whether the defendant's youth and distinctive attributes counsel against a life sentence without parole, rather than having the sentence automatically revert to a lesser punishment.


Headnotes

[1] The Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders.

[2] Sentencing courts must take into account how children are different and how those differences counsel against irrevocably sentencing them to a lifetime in prison.

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Key Quotes

“[T]he Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders. ... Although we do not foreclose a sentencer's ability to make that judgment in homicide cases, we require it to take into account how children are different, and how those differences counsel against irrevocably sentencing them to a lifetime in prison.”

Establishes the Miller v. Alabama standard requiring individualized consideration of youth before imposing life without parole on juveniles

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Facts & Procedural History

Javarous Dawson, a minor at the time of the offense, was convicted of first-degree murder and sentenced to life in prison without the possibility of p…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant appeals his sentence for first-degree murder. He argues that, pursuant to Miller v. Alabama, — U.S.—, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), the trial court erred in sentencing him, as a minor, to life in prison without the possibility of parole, and that a new sentencing hearing contemplated by Miller must occur on remand. We agree.

In Miller, the United States Supreme Court held:

[T]he Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders. ... Although we do not foreclose a sentencer’s ability to make that judgment in homicide cases, we require it to take into account how children are different, and how those differences counsel against irrevocably sentencing them to a lifetime in prison.

Id. at 2469 (footnote omitted).

The state concedes that the defendant’s sentence violates Miller. However, the state argues that the new sentencing hearing contemplated by Miller is unnecessary. According to the state, the proper remedy is to revert to the earlier constitutional sentence for a capital felony of life with the possibility of parole after twenty-five years. See § 775.082(1), Fla. Stat. (1993).

Our sister courts are divided on whether the new sentencing hearing contemplated by Miller must occur on remand or whether a defendant’s sentence must revert to life with the possibility of parole after twenty-five years. Compare Hernandez v. State, 117 So.3d 778, 783 (Fla. 3d DCA 2013) (“Under Miller, while a sentence of life without parole remains constitutional in homicide cases, the sentencing court must be free to impose a lesser sentence when the defendant’s youth or the circumstances of the crime so indicate.”), and Washington v. State, 103 So.3d 917, 920 (Fla. 1st DCA 2012) (“The better course calls for this Court to exercise restraint and for the parties to make their case before the trial court, where testimony may be taken, evidence presented, and argument made on all material issues to include the potential range of sentencing options.”), with Horsley v. State, 121 So.3d 1130, 1131 (Fla. 5th DCA 2013) (“[T]he only sentence now available in Florida for a charge of capital murder committed by a juvenile is life with the possibility of parole after twenty-five years.”), rev. granted, Nos. SC13-1938 & SC13-2000, 2013 WL 6224657 (Fla. Nov. 14, 2013).

This court, however, already has followed Miller to direct a trial court, on remand, “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 sentencing hearing contemplated by Miller. We certify conflict with Horsley.

*950 Sentence vacated; remanded for resen-tencing.

TAYLOR, CIKLIN, and GERBER, JJ., concur.


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Cited By

  • Janard Orange v. State, 149 So. 3d 74 (Fla. 4th DCA 2014)
    …life-without-parole sentence upon appellant.” Daugherty 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 mu…

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