CHARLES BRAXTON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Charles Braxton appeals the denial of his Rule 3.850 motion challenging his life sentences imposed in 1987 for second-degree murder and armed robbery. The court reverses because Miller v. Alabama and Graham v. Florida, which apply retroactively, prohibit imposing life sentences on juveniles without individualized consideration of their youth, and the lower court's reliance on a disapproved precedent was erroneous.
The court held that the postconviction court erred in denying Braxton's Rule 3.850 motion because Miller and Graham apply retroactively and prohibit sentencing juveniles to life imprisonment without considering how children are different. A discretionary life sentence imposed on a juvenile without such consideration is unconstitutional.
[1] A mandatory sentence of life in prison without parole for juvenile offenders violates the Eighth Amendment.
[2] The Eighth Amendment categorically forbids a mandatory sentence of life in prison without parole for a juvenile who commits a nonhomicide offense.
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Join FLexlaw to unlock all legal intelligence“a mandatory sentence of life in prison without parole for juvenile offenders violates the Eighth Amendment”
Establishes the constitutional rule from Miller v. Alabama that applies retroactively to Braxton's case
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Join FLexlaw to unlock all legal intelligenceIn 1987, a jury convicted Charles Braxton, Jr., of second-degree murder and armed robbery. The trial court imposed concurrent life sentences. Braxton …
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Charles Braxton, Jr., appeals the order summarily denying his motion filed under Florida Rule of Criminal Procedure 3.850(b)(2), which provides an exception to the two-year time limit for newly established constitutional rights that have been held to apply retroactively. We reverse.
In 1987, a jury found Mr. Braxton guilty as charged of second-degree murder and of armed robbery. The trial court departed from the sentencing guidelines and imposed concurrent sentences of life imprisonment. In his postconviction motion, Mr. Braxton argued that because he was a juvenile at the time of the offenses, his life sentences are unconstitutional under Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 2475, 183 L.Ed.2d 407 (2012) (holding that a mandatory sentence of life in prison without parole for juvenile offenders violates the Eighth Amendment), and Graham v. Florida, 560 U.S. 48, 74, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010) (holding that the Eighth Amendment categorically forbids a mandatory sentence of life in prison without parole for a juvenile who commits a nonhomicide offense). Both of these cases apply retroactively. See Falcon v. State, 162 So.3d 954, 956 (Fla. 2015) (applying Miller); Kleppinger v. State, 81 So.3d 547, 550 (Fla. 2d DCA 2012) (applying Graham).
Relying on Starks v. State, 128 So.3d 91, 92 (Fla. 2d DCA 2013), quashed, 41 Fla. L. Weekly S372, 372 (August 22, 2016), the postconviction court denied relief. But while this appeal ivas pending, the supreme court disapproved Starks. See Landrum v. State, 192 So.3d 459, 470 (Fla. 2016) (holding that a discretionary life sentence imposed on a juvenile without consideration of how children are different is unconstitutional under Miller); see also Lawton v. State, 181 So.3d 452, 453 (Fla. 2015) (holding that Graham does not allow for an exception to the categorical rule against sentencing juvenile offenders to life imprisonment without parole for non-homicide offenses).
Accordingly, we reverse the postconviction court’s order denying Mr. Braxton’s rule 3.850 motion and remand for resen-tencing pursuant to chapter 14-220 as codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes (2014). See Henry v. State, 175 So.3d 675, 680 (Fla. 2015) (holding that resentencing pursuant to chapter 14-220 is the proper remedy for a sentence that violates Graham); Horsley v. State, 160 So.3d 393, 406 (Fla. 2015) (holding that resentencing pursuant to chapter 14-220 is the proper remedy for a sentence that violates Miller).
Reversed and remanded.
LaROSE, CRENSHAW, and SALARIO, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Horsley v. State, 160 So. 3d 393 (Fla. 2015)
- Graham v. Florida (1st Cir. 2010)
- Leighdon Henry v. State, 175 So. 3d 675 (Fla. 2015)
- Falcon v. State, 162 So. 3d 954 (Fla. 2015)
- Laisha L. Landrum v. State, 192 So. 3d 459 (Fla. 2016)
- Starks v. State, 128 So. 3d 91 (Fla. 2d DCA 2013)
- Torrence Lawton v. State, 181 So. 3d 452 (Fla. 2015)
- Jireh Kleppinger v. State, 81 So. 3d 547 (Fla. 2d DCA 2012)