State v. Purdy

• Citation: 252 So.3d 723
• Decision Date: 30 August 2018
• Docket Number: No. SC17-843,SC17-843
• Parties: STATE of Florida, Petitioner, v. Kenneth PURDY, Respondent.
• Court: United States State Supreme Court of Florida

252 So.3d 723

STATE of Florida, Petitioner,
v.
Kenneth PURDY, Respondent.

No. SC17-843

Supreme Court of Florida.

August 30, 2018

Pamela Jo Bondi, Attorney General, Tallahassee, Florida, Wesley Heidt, Bureau Chief, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, Florida, for Petitioner

Matthew R. McLain of McLain Law, P.A., Maitland, Florida, for Respondent

Roseanne Eckert, Florida International University College of Law, Miami, Florida, and Amy Weber, Fair Punishment Project, Chapel Hill, North Carolina, Amici Curiae Florida Juvenile Resentencing and Review Project at the FIU College of Law and Fair Punishment Project

LAWSON, J.

We accepted review of the Fifth District Court of Appeal's decision in Purdy v. State , ––– So.3d ––––, 42 Fla. L. Weekly D272 (Fla. 5th DCA Jan. 27, 2017), to answer the following certified question:

WHEN A JUVENILE OFFENDER IS ENTITLED TO A SENTENCE REVIEW HEARING, IS THE TRIAL COURT REQUIRED TO REVIEW THE AGGREGATE SENTENCE THAT THE JUVENILE OFFENDER IS SERVING FROM THE SAME SENTENCING PROCEEDING IN DETERMINING WHETHER TO MODIFY THE OFFENDER'S SENTENCE BASED UPON DEMONSTRATED MATURITY AND REHABILITATION?

252 So.3d 725

Purdy v. State , ––– So.3d ––––, ––––, 42 Fla. L. Weekly D967, D967 (Fla. 5th DCA Apr. 28, 2017) (certifying question). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We answer the certified question in the negative and quash the Fifth District's decision, which held that chapter 2014-220, Laws of Florida, requires modification of the overall sentence whenever a juvenile establishes rehabilitation at a statutorily required sentence review hearing.

BACKGROUND

I. Legal Context

In Graham v. Florida , 560 U.S. 48, 75, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), the United States Supreme Court held that the Eighth Amendment categorically forbids a sentence of life without parole for juvenile nonhomicide offenders and requires that any life sentence for a juvenile nonhomicide offender be accompanied by "some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation" before the end of the sentence and during the offender's natural life.

Two years later, in Miller v. Alabama , 567 U.S. 460, 479, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), the Supreme Court held that the Eighth Amendment prohibits the imposition of a mandatory life sentence without the possibility of parole for juvenile homicide offenders. Although the holdings of Graham and Miller are narrow and specific, the discussion in both cases broadly outlines Eighth Amendment principles requiring states to take into account, as part of the sentencing process, the immaturity of those under the age of 18—and the consequent ability of younger offenders to reform as they mature. See Graham , 560 U.S. at 68, 130 S.Ct. 2011 ; Miller , 567 U.S. at 471-72, 132 S.Ct. 2455.

In response, the Florida Legislature adopted chapter 2014-220, Laws of Florida, codified in sections 775.082, 921.1401, and 921.1402 of the Florida Statutes, to address the Eighth Amendment principles articulated in Graham and Miller . Although the effective date of these statutes was prospective as of July 1, 2014, this Court later unanimously held that Miller applied retroactively, see Falcon v. State , 162 So.3d 954, 962 (Fla. 2015), and that when a juvenile sentence imposed before July 1, 2014, violates Miller , the appropriate remedy is resentencing pursuant to chapter 2014-220. Horsley v. State , 160 So.3d 393, 405-06 (Fla. 2015) ; see also Henry v. State , 175 So.3d 675, 680 (Fla. 2015) (unanimously holding that resentencing pursuant to chapter 2014-220 is the proper remedy for a sentence that violates Graham ).

Significantly, in this case, the parties present and argue the certified question as one of statutory construction, which is answered by the plain language of the relevant statutes. See Holly v. Auld , 450 So.2d 217, 219 (Fla. 1984) ("[W]hen the language of the statute is clear and unambiguous and conveys a clear and definite meaning, there is no occasion for resorting to the rules of statutory interpretation and construction; the statute must be given its plain and obvious meaning." (quoting A.R. Douglass, Inc. v. McRainey , 102 Fla. 1141, 137 So. 157, 159 (1931) ) ).

Questions of statutory interpretation are reviewed de novo. See Borden v. East-European Ins. Co. , 921 So.2d 587, 591 (Fla. 2006).

II. Relevant Statutes

Sections 775.082, 921.1401, and 921.1402, Florida Statutes (2015), now provide special sentencing rules for juveniles convicted of "certain serious felonies" identified in those statutes. Ch. 2014-220 (title); see also § 921.1402, Fla. Stat. (2015) ("Review of

252 So.3d 726

sentences for persons convicted of specified offenses while under the age of 18 years.") (emphasis added).¹ Those provisions, by their express terms, apply only to homicide offenses, which are defined in section 782.04, Florida Statutes (2015), and nonhomicide offenses that can be punished by life. §§ 775.082(1)(b), 775.082(3)(a) 5., 775.082(3)(b)2., 775.082(3)(c)., Fla. Stat. (2015). As drafted, the special sentencing rules created by chapter 2014-220 do not apply to any other offenses. Id. For the "specified offenses," each subsection provides an early release mechanism, based on a finding of maturity and rehabilitation, for the sentence imposed pursuant to that subsection on the specified offense. Id. ; see, e.g. , § 775.082(3)(c) (explaining that a juvenile convicted of a nonhomicide offense that is punishable by life or a term of years not exceeding life, and who is sentenced to a term of imprisonment "of more than 20 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(d)").

To fully understand chapter 2014-220, it is important to first recognize that the Legislature grafted its juvenile sentencing fix into the preexisting general statute that set the penalties applicable to each felony offense, by degree—section 775.082, Florida Statutes. Immediately prior to the enactment of chapter 2014-220, section 775.082(1) provided that the only sentences available for a capital felony were death or life. § 775.082, Fla. Stat. (2013). Section 775.082(2) dealt with the death penalty. Id. Then, section 775.082(3) listed the penalties associated with lesser felony offenses, beginning with life felonies and ending with third-degree felonies. Id. For example, section 775.082(3)(c) simply provided that a person convicted of a second-degree felony could be punished "by a term of imprisonment not exceeding 15 years." Id.

With the enactment of chapter 2014-220, the Legislature amended section 775.082(1) to provide new sentencing options for juveniles convicted of capital offenses. For example, a new subsection (1)(b)1 now provides:

A person who actually killed, intended to kill, or attempted to kill the victim and who is convicted under s. 782.04 [the homicide statute] of a capital felony, or an offense that was reclassified as a capital felony, which was committed before the person attained 18 years of age shall be punished by a term of imprisonment for life if, after a sentencing hearing conducted by the court in accordance with s. 921.1401, the court finds that life imprisonment is an appropriate sentence. If the court finds that life imprisonment is not an appropriate sentence, such person shall be punished by a term of imprisonment of at least 40 years. A person sentenced pursuant to this subparagraph [for a capital felony] is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(a).

§ 775.082(1)(b) 1., Fla. Stat. (2015). Section 921.1402(2)(a) then provides in pertinent part that "[a] juvenile sentenced under s. 775.082(1)(b) 1. [for a capital felony] is entitled to review of his or her sentence after 25 years." § 921.1402(2)(a), Fla. Stat. (2015) (emphasis added). The only sentence referenced as eligible for review in this subsection is the sentence "under s. 775.082(1)(b) 1.," which is the sentence on the capital felony for a person who "actually killed, intended to kill, or attempted to kill the victim." § 775.082(1)(b) 1., Fla. Stat. (2015). This formula continues in similar fashion for the other enumerated serious

252 So.3d 727

felonies: other homicide offenses and any nonhomicide offense classified as a "life felony" or as a "first-degree felony punishable by life" (commonly referenced by trial courts and in sentencing documents as an "F1-PBL"). § 921.1402(2)(b)-(d), Fla. Stat. (2015). Chapter 2014-220 did not add any special juvenile sentencing provisions for lower-level offenses. For example, section 775.082 still simply provides that a felony of the second degree is to be punished "by a term of imprisonment not exceeding 15 years." § 775.082(3)(d), Fla. Stat. (2017). And, no review mechanism is provided for first-degree felonies (except for F1-PBLs), second-degree felonies, or third-degree felonies.

The new juvenile sentencing provisions seem complex because the sentencing rules for life felonies and F1-PBLs are complex. Life felonies committed before October 1, 1983, are punishable "by a term of imprisonment...