JONATHAN LACUE
v.
STATE OF FLORIDA
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When resentencing a juvenile offender to life imprisonment following remand, the trial court must include written findings regarding eligibility for sentence review after 25 years as required by Florida Statutes § 921.1402(2)(a).
[1] A resentencing order for a juvenile offender convicted of first-degree murder must include language providing for sentence review after 25 years, as required by statute.
[2] Failure to include statutory sentence review language in a resentencing order for a juvenile offender requires remand for correction.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The court shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402(2)(a) or (c).”
Statutory requirement under section 775.082(1)(b)3, Florida Statutes (2017)
Jonathan Lacue, age 17 at the time of the crime, was convicted in 1999 of first-degree murder and robbery with a firearm and sentenced to concurrent t…
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PER CURIAM.
In 1999, Jonathan Lacue was found guilty and convicted of first-degree murder and robbery with a firearm. He was sentenced to concurrent terms of life imprisonment for the first-degree murder conviction and 15 years’ imprisonment for the robbery conviction.
In 2012, Lacue moved for post-conviction relief based on Miller v. Alabama, 567 U.S. 460 (2012). Because Lacue was 17 years old when he committed the crime, he argued that his life sentence violated the Eighth Amendment. The circuit court denied the motion, but on appeal, this court reversed and remanded. Lacue v. State, 183 So. 3d 1110 (Fla. 4th DCA 2015). On remand, Lacue was resentenced to life imprisonment.
Lacue raises five issues on appeal, and we affirm without comment with one exception.
Lacue argues—and the state concedes—that the trial court should have included language in the resentencing order providing for sentence review
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after 25 years as required by section 921.1402(2)(a). We accept the concession and remand for the trial court to provide for sentence review. See § 775.082(1)(b)3., Fla. Stat. (2017) (“The court shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402(2)(a) or (c).”); Cook v. State, 225 So. 3d 268, 269 (Fla. 4th DCA 2017) (affirming the sentence but remanding for the trial court to enter the written finding required by the applicable provision of section 775.082, Florida Statutes).
Affirmed and remanded with instructions. MAY, CIKLIN and KLINGENSMITH, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
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Citator
Cited By
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Lacue v. State (Fla. 4th DCA 2021)
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Babbs v. State (Fla. 4th DCA 2026)
Authorities Cited
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Cook v. State, 225 So. 3d 268 (Fla. 4th DCA 2017)
- James v. State, 183 So. 3d 1110 (Fla. 4th DCA 2015)
- Lacue v. State, 183 So. 3d 1110 (Fla. 4th DCA 2015)