Lawton v. State
Decision Date | 09 April 2015 |
Docket Number | No. SC13–685.,SC13–685. |
Citation | 181 So.3d 452 |
Parties | Torrence LAWTON, Petitioner, v. STATE of Florida, Respondent. |
Court | Florida Supreme Court |
Carlos Jesus Martinez, Public Defender, and Andrew McBride Stanton, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Petitioner.
Pamela Jo Bondi, Attorney General, Tallahassee, FL, and Richard L. Polin, Bureau Chief, and Nikole Hiciano, Assistant Attorney General, Miami, FL, for Respondent.
In Graham v. Florida, 560 U.S. 48, 74–75, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), the United States Supreme Court held that the Eighth Amendment's prohibition on cruel and unusual punishment compels a categorical rule against sentencing a juvenile offender "to life without parole for a nonhomicide crime." In the decision on review, the Third District read Graham as creating a homicide-case exception to this categorical rule, which would permit a juvenile to be sentenced to life without parole for a nonhomicide offense if the juvenile also committed a homicide in the same criminal episode. Lawton v. State, 109 So.3d 825, 828–29 (Fla. 3d DCA 2013). Applying this homicide-case exception, the Third District held that Torrence Lawton's life-without-parole sentences for the nonhomicide offenses of attempted first-degree murder with a firearm and armed robbery with a firearm—crimes Lawton committed as a juvenile—are constitutional under Graham because Lawton also committed a homicide in the same criminal episode. Id. at 829.
Lawton seeks review of the Third District's decision on the ground that it expressly and directly conflicts with multiple decisions of other district courts of appeal.1 Compare Akins v. State, 104 So.3d 1173, 1175 n. 2 (Fla. 1st DCA 2012) ( ); Johnson v. State, ––– So.3d ––––, 38 Fla. L. Weekly D953 (Fla. 1st DCA Apr. 30, 2013) (same); Jackson v. State, ––– So.3d ––––, 38 Fla. L. Weekly D1334, 2013 WL 3013582 (Fla. 1st DCA June 18, 2013) (same); Lane v. State, 151 So.3d 20, 22 (Fla. 1st DCA 2014) (same); Weiand v. State, 129 So.3d 434, 435 (Fla. 5th DCA 2013) (same); with Lawton, 109 So.3d at 828 ( ); Washington v. State, 110 So.3d 1, 2–3 (Fla. 2d DCA 2012) (same); Starks v. State, 128 So.3d 91, 93 (Fla. 2d DCA 2013) (same); Orange v. State, 149 So.3d 74, 84 (Fla. 4th DCA 2014) (same).
We hold that Graham's categorical rule leaves no room for the homicide-case exception recognized by our Second, Third, and Fourth District Courts of Appeal. Subsequent juvenile sentencing decisions underscore that the ban on sentencing juveniles to life without parole for nonhomicide offenses is, indeed, unqualified. See Miller v. Alabama, ––– U.S. ––––, 132 S.Ct. 2455, 2466 n. 6, 183 L.Ed.2d 407 (2012) (); see also Falcon v. State, 162 So.3d 954, 959, No. SC13–865, slip op. at 10 (Fla. Mar. 19, 2015) () (emphasis added).
Accordingly, we quash the Third District's decision in Lawton and remand with instructions that Lawton be resentenced for the nonhomicide offenses of attempted first-degree murder with a firearm and armed robbery with a firearm in conformance with the new juvenile sentencing legislation enacted by chapter 2014–220, Laws of Florida. See Henry v. State, 175 So.3d 675, 680, No. SC12–578, slip op. at 11 (Fla. Mar. 19, 2015) ( ); Horsley v. State, 160 So.3d 393, 406, No. SC13–1938, slip op. at 4 (Fla. Mar. 19, 2015) ( ). We further disapprove the Second District's decisions in Washington and Starks and the Fourth District's decision in Orange to the extent those decisions recognize a homicide-case exception to Graham.
It is so ordered.
1 We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We limit our review of the Third District's decision to its treatment of Lawton's life-without-parole sentences for the nonhomicide crimes Lawton committed in the same criminal episode as the homicide, and we...
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