STATE OF FLORIDA, APPELLANT,
v.
IAN MANUEL, APPELLEE
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Florida's appeal of a resentencing order is affirmed; a juvenile who committed robbery with a firearm in 1990 at age 13 must be resentenced to no more than 40 years in prison due to a statutory anomaly identified in Graham v. Florida and Peters v. State.
A juvenile's sentence for an aggravated first-degree felony committed between October 1, 1983, and July 1, 1995, cannot exceed 40 years in prison under the Eighth Amendment due to a statutory anomaly created by Graham v. Florida.
[1] A juvenile offender's sentence for an aggravated first-degree felony committed between October 1, 1983, and July 1, 1995, is subject to an Eighth Amendment cap of 40 year…
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Join FLexlaw to unlock all legal intelligenceIan Manuel, age 13 in 1990, committed robbery with a firearm and attempted murder with a firearm in the same incident. He was sentenced to 65 years in…
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The State appeals the order granting Ian Manuel’s motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Manuel challenged his sentence of sixty-five years in prison to be followed by two years of community control and eight years of probation for a robbery with a firearm that he committed in Í990 when he was thirteen years old. The order provides that Manuel is entitled to resentencing pursuant to Peters v. State, 128 So.3d 832, 851-55 (Fla. 4th DCA 2013).
Manuel is'also-serving a forty-year sentence for the life felony of attempted murder-with a firearm-that arose from the same incident as the robbery with a firearm. In Peters, the Fourth’ District determined that Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), created a statutory -anomaly ip which the maximum penalty for an aggravated first-degree felony is more harsh than the-sentence a juvenile who commits a life felony faces; therefore, the Eighth Amendment requires that a juvenile’s sentence for an aggravated first-degree felony committed ■during the time the statutory anomaly existed, between October 1, 1983, and July 1, 1995, not exceed forty years in prison. See 128 So.3d at 854-55. We agree with Peters to the extent that it requires Manuel to -be resentenced to. ho more than forty years in prison;.on the 1990 offense of robbery-with a firearm, in count one due to the statutory anomaly.- Thus, we affirm the trial court’s order.
Affirmed,
' CASANUEVA and CRENSHAW, JJ., Concur. •
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Graham v. Florida (1st Cir. 2010)
- Peters v. State, 128 So. 3d 832 (Fla. 4th DCA 2013)