JUSTIN WIRTH
v.
STATE OF FLORIDA
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A juvenile sentenced to life imprisonment for robbery without a meaningful opportunity for release violates Graham v. Florida and Florida law, requiring resentencing.
[1] A juvenile offender sentenced to life imprisonment for a non-homicide offense must be provided a meaningful opportunity to obtain release, and a sentence that fails to pr…
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Join FLexlaw to unlock all legal intelligenceJustin Wirth, a juvenile at the time of sentencing, was convicted of two counts of first-degree premeditated murder and one count of robbery with a fi…
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
JUSTIN WIRTH, ) a/k/a JUSTIN DANIEL WIRTH, ) ) Appellant, ) ) v. ) Case No. 2D16-2527 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed January 26, 2018. Appeal from the Circuit Court for Lee County; Joseph C. Fuller, Jr., Judge. Howard L. Dimmig, II, Public Defender, and Siobhan Helene Shea, Special Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee. VILLANTI, Judge. Justin Wirth, a juvenile at the time of sentencing, appeals his judgment and sentences imposed for two counts of first-degree premeditated murder and one count of robbery with a firearm. We find no reversible error in Wirth's convictions and affirm them without further comment. However, we agree with Wirth that he was sentenced to life for the robbery count without his sentence providing for a meaningful opportunity to obtain release in contravention of Graham v. Florida, 560 U.S. 48, 75 (2010), and section 921.1402(2)(d), Florida Statutes (2016). The State correctly concedes that, on this one count, Wirth was sentenced incorrectly. Accordingly, we reverse Wirth's sentence for robbery with a firearm and remand for resentencing. Affirmed in part, reversed in part, and remanded. SILBERMAN and SALARIO, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kania v. State, 243 So. 3d 1032 (Fla. 2d DCA 2018)
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Watkins v. State, 244 So. 3d 341 (Fla. 2d DCA 2018)
Authorities Cited
- Graham v. Florida (1st Cir. 2010)