Miguel Angel Alfonso-Roche v. State of Florida

I concur in the majority’s decision because current Florida law gives a sentencing judge unlimited discretion to sentence a defendant up to the maximum term set by the legislature for a particular crime. Also, the last time the Florida Supreme Court considered a cruel or unusual punishment challenge to a sentence, the court rejected it. See Hall v. State, 823 So.2d 757, 760-61 (Fla.2002) (finding that the Florida Criminal Punishment Code did not violate federal or state constitutional guarantees against cruel or unusual punishment). However, Hall was decided prior to Graham v. Florida, 560…