Henry v. State

We have for review the Fifth District Court of Appeal’s decision in Henry v. State, 82 So.3d 1084 (Fla. 5th DCA 2012), holding that Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), does not apply to term-of-years prison sentences because such sentences do not constitute life imprisonment. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. Because we find that Graham does apply and- that the' sentence at issue' will not provide a meaningful opportunity for release, we quash the decision below and remand for resentencing consistent with our rationale provided below.

B…