Guzman v. State

Gerardo Guzman challenges his sixty-year sentence for violation of his probation. He claims that the sentence violates the Eighth Amendment’s prohibition of cruel and unusual punishment in light of Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010). Because we find that Graham strictly addressed actual life sentences — and not lengthy term-of-years sentences that might constitute a de facto sentence of life — we affirm Guzman’s sentence. We certify both conflict with the First District Court of Appeal and two questions to be of great public importance.

Guzman committed…