ROBERT LEE DAVIS, JR. Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Upon review of the response to this Court's Order to Show Cause dated May 8, 2017, the Court has determined that it should accept jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Fourth District Court of Appeal's decision in this case is quashed, and this matter is remanded for resentencing in light of the decision in Johnson v. State, 215 So. 3d 1237 (Fla. 2017).
No Motion for Rehearing will be entertained by the Court.
I would not remand this case for resentencing. Unlike the majority, I believe that a juvenile nonhomicide offender's sentence must violate Graham v. Florida, 560 U.S. 48 (2010), in order for that defendant to be entitled to resentencing pursuant to Graham. See Kelsey v. State, 206 So. 3d 5, 14 (Fla. 2016) (Polston, J., dissenting). In this case, as the Fourth District explained, Davis “is expected to be released when he is in his mid-50s.” Davis v. State, 199 So. 3d 546, 547 (Fla. 4th DCA 2016). Therefore, because Davis' sentence is not a de facto life sentence, resentencing pursuant to Graham is not applicable. Accordingly, I respectfully dissent.
A True Copy
John A. Tomasino Clerk Supreme Court
MITCHELL ALAN EGBER
ASHLEY N. MINTON
HON. LONN WEISSBLUM, CLERK
HON. JOSEPH E. SMITH, CLERK
HON. ROBERT EUGENE BELANGER, JUDGE
POLSTON, J., dissenting.
LABARGA, C.J., and PARIENTE, LEWIS, and QUINCE, JJ., concur. POLSTON, J., dissents with an opinion, in which CANADY and LAWSON, JJ., concur. CANADY and LAWSON, JJ., concur.