Austin v. State, 1D12–4265.
Decision Date | 17 December 2013 |
Docket Number | No. 1D12–4265.,1D12–4265. |
Citation | 127 So.3d 1286 |
Parties | Raymond M. AUSTIN, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
OPINION TEXT STARTS HERE
An appeal from the Circuit Court for Duval County. Kevin A. Blazs, Judge.
Nancy A. Daniels, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Michael McDermott, Assistant Attorney General, Tallahassee, for Appellee.
The court finds no reversible error on either of the issues raised in this direct appeal of a judgment and sentence for attempted second-degree murder. We note that, based on his own calculations, appellant's mandatory minimum sentence of imprisonment for forty-five years does not result in a sentence that exceeds this juvenile's life expectancy. Therefore, appellant's sentence is not a de facto life sentence in violation of Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010). See Adams v. State, ––– So.3d –––– (Fla. 1st DCA 2012) (); see also Thomas v. State, 78 So.3d 644, 646 (Fla. 1st DCA 2011) () .
AFFIRMED.
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