Legal Opinion

Floyd v. State

District Court of Appeal of Florida

Decided April 12, 2012No. 1D11-1983PublishedCited by 35 opinions

1Per curiam

Appellant, Antonio Demetrius Floyd, argues that his combined eighty-year sentence for two counts of armed robbery violates the prohibition against cruel and unusual punishment because it constitutes the functional equivalent of a life sentence without parole for a juvenile convicted of a nonhomicide offense, which was held to be unconstitutional in Graham v. Florida, — U.S.-, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010). Finding merit in Appellant’s argument, we reverse and remand for resen-tencing.

Appellant was seventeen years of age in 1998 when he committed grand theft auto and two counts of…

2Cases cited6 opinions

  1. Graham v. FloridaSupreme Court of the United States · 2010
  2. Henry v. StateDistrict Court of Appeal of Florida · 2012
  3. State of Arizona v. Mark Noriki KasicCourt of Appeals of Arizona · 2011
  4. Thomas v. StateDistrict Court of Appeal of Florida · 2011
  5. People v. MendezCalifornia Court of Appeal · 2010

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3Cited by35 opinions

  1. Henry v. StateSupreme Court of Florida · 2015
  2. Wyatt L. Bear CloudWyoming Supreme Court · 2014
  3. Roosevelt Moore v. M. BiterCourt of Appeals for the Ninth Circuit · 2013
  4. State v. BrownSupreme Court of Louisiana · 2013
  5. Clyde E. Johnson v. State of FloridaSupreme Court of Florida · 2017

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