# Thomas v. State

> District Court of Appeal of Florida · April 16, 2014 · 135 So. 3d 590

URL: https://www.frixlaw.com/law-library/cases/4810202

## Case

- **Full name:** Markeil Deshon THOMAS v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** April 16, 2014
- **Citations:** 135 So. 3d 590; 2014 Fla. App. LEXIS 5607; 2014 WL 1493192
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Benton, Osterhaus, Swanson
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4810202

## How later opinions describe it (automated extraction)

- 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…
- 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”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4810202. Public record. Not legal advice.