DERRICK RANDOLPH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2016-09-16
No. 5D16-2122
LAWSON, C.J., ORFINGER and WALLIS, JJ., concur.
199 So. 3d 1127 Florida District Court of Appeal, Fifth District (2016)

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Synopsis

Derrick Randolph, convicted of second-degree murder as a 17-year-old and sentenced to 100 years with a 25-year minimum mandatory, appealed the denial of his motion to correct an allegedly illegal sentence. The court reversed and remanded for resentencing, holding that Miller v. Alabama's protections against de facto life sentences for juveniles apply even to discretionary sentencing schemes and require consideration of the juvenile's youth and rehabilitation potential.


Holding

The court held that Miller v. Alabama applies to discretionary sentencing schemes, not just mandatory sentencing schemes. A lengthy juvenile sentence must be informed by consideration of the juvenile offender's youth and attendant circumstances and must provide a realistic opportunity for release based on demonstrated maturity and rehabilitation. Appellant's 100-year sentence violated Miller because the sentencing court did not adequately consider how children are different and the sentence does not guarantee release during his natural lifetime based on rehabilitation.


Headnotes

[1] A sentencing structure mandating a life-without-parole sentence for a juvenile homicide offender violates the Eighth Amendment.

[2] Florida law requires that lengthy prison sentences for juveniles provide for a hearing to determine if demonstrated maturity and rehabilitation justify sentence modificat…

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Key Quotes

“Even in a discretionary sentencing scheme, the sentencing court's exercise of discretion before imposing a life sentence must be informed by consideration of the juvenile offender's 'youth and its attendant circumstances' as articulated in Miller and now codified in section 921.1401, Florida Statutes (2014).”

Establishes that Miller protections extend to discretionary sentences and requires courts to consider youth in sentencing

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Facts & Procedural History

Appellant was convicted in 2001 of second-degree murder for an offense committed when he was 17 years old. The trial court sentenced him to 100 years'…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Derrick Randolph (“Appellant”) appeals the trial court’s denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct his illegal sentence. We reverse *1128and remand for resentencing consistent with this opinion.

In 2001, Appellant was convicted of second-degree murder for an offense committed when he was 17 years old. The trial court sentenced Appellant to 100 years’ incarceration with 25 years minimum mandatory. Appellant filed this rule 3.800(a) motion, arguing his sentence does not afford him a meaningful opportunity to obtain early release based on demonstrated maturity and rehabilitation. The trial court denied Appellant’s motion, reasoning that because Appellant’s sentence was discretionary,, rather than mandatory, it did not violate Miller v. Alabama, in which the Supreme - Court determined that the Eighth Amendment prohibits a sentencing structure mandating a life-without-parole sentence for a juvenile homicide offender. — U.S. —, —, 132 S.Ct. 2455, 2475, 183 L.Ed.2d 407 (2012).

In light of Miller, our Legislature enacted new statutes to bring Florida’s juvenile sentencing framework into compliance with current juvenile sentencing jurisprudence. See ch. 2014r-220, Laws of Fla.1 The hew juvenile sentencing framework requires that a lengthy prison sentence provide for a hearing after a designated number of years to determine whether a juvenile’s demonstrated maturity and rehabilitation justifies modification of the sentence. A juvenile whose sentence violates Miller is entitled to retroactive application of this new sentencing framework. See, e.g., Horsley v. State, 160 So.3d 393, 409-10 (Fla.2015).

Recently, our supreme court extended Miller to discretionary sentencing schemes: “Even in a discretionary sentencing scheme, the sentencing court’s exercise of discretion before imposing a life sentence must be informed by eonsider-ation of the juvenile offender’s ‘youth and its attendant circumstances’ as articulated in Miller and now codified in section 921.1401, Florida Statutes (2014).” Landrum v. State, 192 So.3d 459, 460 (Fla.2016) (citing Horsley, 160 So.3d at 399).

Based on the foregoing, we find that Appellant’s 100-year sentence violates Miller and its progeny. See Henry v. State, 175 So.3d 675, 679-80 (Fla.2015) (reversing juvenile defendant’s aggregate 90-year sentence); Gridine v. State, 175 So.3d 672, 675 (Fla.2015) (reversing juvenile defendant’s 70-year sentence); Cook v. State, 190 So.3d 215, 216 (Fla. 4th DCA 2016) (reversing juvenile defendant’s 93-year sentence). Although .the sentencing court exercised discretion before imposing Appellant’s sentence, our supreme court has determined that discretionary sentences nonetheless implicate Miller. See Landrum, 192 So.3d at 460. Moreover, the sentencing court did not “take into account how children are different, and how those differences counsel against irrevocably sentencing them to a lifetime in prison.” Miller, 132 S.Ct. at 2469 (footnote omitted). Appellant received a 25-year minimum mandatory sentence, but there is no guarantee that he will be released during his natural lifetime based upon demonstrated maturity and rehabilitation. See Henry, 175 So.3d at 680. Accordingly, we reverse and remand for resentencing under chapter 2014-220, Laws of Florida. See Horsley, 160 So.3d at 409-10.

REVERSED and REMANDED for RESENTENCING.

LAWSON, C.J., ORFINGER and WALLIS, JJ., concur.


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