PHILIP MOSIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Philip Mosier appeals the denial of his motion to correct an illegal sentence imposed when he was sixteen years old. The court reverses and remands for resentencing because Mosier's concurrent sentences of thirty years imprisonment plus ten years sexual offender probation fail to satisfy the constitutional requirements for juvenile nonhomicide offenders established in Graham v. Florida and Henry v. State.
The court reversed and remanded for resentencing because Mosier's sentences do not satisfy the three-factor test required for juvenile nonhomicide offenders: the sentence must provide a meaningful opportunity for early release based on demonstrated maturity and rehabilitation; early release cannot be based solely on gain time or prison overpopulation relief; and any early release opportunity must occur within the offender's natural lifetime.
[1] A juvenile nonhomicide offender sentenced post-Henry must receive a sentence that provides for release based on a demonstration of maturity and rehabilitation, not solely…
[2] A juvenile nonhomicide offender's sentence must not provide for early release beyond his or her natural life to qualify as a "meaningful opportunity for early release."
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Establishes the three-part constitutional test for juvenile nonhomicide sentences requiring meaningful opportunity for early release based on rehabilitation and maturity within the offender's natural lifetime.
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Join FLexlaw to unlock all legal intelligenceMosier committed felony offenses when he was sixteen years of age and received concurrent sentences of thirty years imprisonment followed by ten years…
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Philip Mosier appeals the order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The State properly concedes that Mosier is entitled to reversal and remand for resentencing.
In his motion, Mosier argued that his concurrent sentences of thirty years’ imprisonment followed by ten years’ sexual offender probation for felony offenses he committed when he was sixteen years of age are unconstitutional under Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), and Henry v. State, 175 So.3d 675 (Fla. 2015). In denying Mosier’s motion, the postconviction court found that Mosier would be released at age forty-six at the latest and that he had the opportunity for earlier release through the accrual of gain time. Based on those findings, the court concluded that Mosier’s sentences were not unconstitutional.
Since the issuance of the postconviction court’s order, the supreme court has squarely refuted the postconviction court’s conclusion:
[P]ursuant to Henry, we must consider three factors when reviewing a juvenile nonhomicide offender’s term-of-years sentence. Post-Henry, we must ensure that a juvenile nonhomicide offender does not receive a sentence that provides for release only at the end of a sentence (e.g. a 45-year sentence with no provision for obtaining early release based on a demonstration of maturity and rehabilitation before the expiration of the imposed term, such as in Kelsey [v. State, 206 So.3d 5 (Fla. 2016) ]). Secondly, we must ensure that a juvenile nonhomicide offender who is sentenced post-Henry does not receive a sentence which includes early release that is not *958based on a demonstration of rehabilitation and maturity (i.e. gain time or other programs designed to relieve prison overpopulation). Last, we must ensure that a juvenile nonhomicide offender , who is sentenced post-Henry does not receive a sentence that provides for early release at a time beyond his or her natural life (e.g. a 1,000-year sentence that provides parole-eligibility after the offender serves 100 years). To qualify as a “meaningful opportunity for early release,” a'juvenile nonhomicide offender’s sentence must meet each of the three parameters described in Henry.
Johnson v. State, 215 So.3d 1237, 1243 (Fla. 2017).
Accordingly, we reverse the postconviction court’s order and remand for Mosier to be resentenced under the juvenile sentencing guidelines codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes (2016). See Johnson, 215 So.3d at 1243.
Reversed and remanded for resentenc-ing.
KELLY,' KHOUZAM, and BADALAMENTI, JJ„ Concur.
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Citator
Cited By (19 total)
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Alfaro v. State, 233 So. 3d 515 (Fla. 2d DCA 2017)…3. This court has applied that rationale to a juvenile defendant who received concurrent sentences of thirty years in- prison followed by ten years’ probation even though he had not been resen-tenced under Graham. See Mosier v. State, No. 2D16-5457, 235 So. 3d 957, 958, 2017 WL 4557832, at *1 (Fla. 2d DCA Oct. 13, 2017) (relying on Johnson to find a juvenile offender’s sentence illegal under Graham). Accordingly, we reverse the orders denying postconviction relief and remand for Alfaro to be resentenced as…
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Hart v. State, 246 So. 3d 417 (Fla. 4th DCA 2018)
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Rachaun Blount v. State, 42 Fla. L. Weekly D2181 (Fla. 2d DCA 2018)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Graham v. Florida (1st Cir. 2010)
- Leighdon Henry v. State, 175 So. 3d 675 (Fla. 2015)
- Kelsey v. State, 206 So.3d 5 (Fla. 2016)
- Johnson v. State, 215 So. 3d 1237 (Fla. 2017)