explaining his view that “the trial judge’s decision to resentence the juvenile defendant in this case to forty years without parole on the murder charge finds express statutory support in Florida’s sentencing statute” because the defendant could be sentenced as a “life” felon under section 775.082(3)(a)3. since homicide committed by a juvenile is punishable by a maximum term of imprisonment for life
How later courts described this case
- explaining his view that “the trial judge’s decision to resentence the juvenile defendant in this case to forty years without parole on the murder charge finds express statutory support in Florida’s sentencing statute” because the defendant could be sentenced as a “life” felon under section 775.082(3)(a)3. since homicide committed by a juvenile is punishable by a maximum term of imprisonment for life
- affirming a juvenile offender’s forty year sentence for first-degree murder imposed after remand following Miller v. Alabama, 132 S. Ct. 2455 (2012)
- noting with approval the trial court’s Miller resentencing of a juvenile offender to a “substantial term of [forty] years without parole”
Written by the judges who cited it.
The opinion
PER CURIAM.
This case involves another in the string of recent sentencing eases arising from the United States Supreme Court’s decision in Miller v. Alabama, — U.S. -, 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012). Appellant, Markeil Deshon Thomas, challenges his concurrent thirty and forty year sentences for armed robbery and first-degree murder, respectively, imposed after we remanded this case for resentencing pursuant to Washington v. State, 103 So.3d 917 (Fla. 1st DCA 2012). See Thomas v. State, 110 So.3d 541 (Fla. 1st DCA 2013) (Thomas I). We affirm Mr. Thomas’s thirty-year armed robbery sentence. See Thomas v. State, 78 So.3d 644 (Fla. 1st DCA 2011); Gridine v. State, 89 So.3d 909 (Fla. 1st DCA 2011), rev. granted, 103 So.3d 139 (Fla.2012). We also affirm Mr. Thomas’s forty-year sentence for first-degree murder. But see Horsley v. State, 121 So.3d 1130, 1131 (5th DCA 2013), rev: granted,-So.3d-, 2013 WL 6224657 (Fla.2013) (holding “the only sentence now available in Florida for a charge of capital *591 murder committed by a juvenile is life with the possibility of parole after twenty-five years.”).
AFFIRMED.
BENTON, and SWANSON, JJ„ concur.
OSTERHAUS, Specially Concurring.