Legal Opinion

Garland v. State

District Court of Appeal of Florida

Decided February 5, 2010No. 1D09-1637PublishedCited by 2 opinions

1Opinion of the CourtWolf, J.

Appellant raises a number of issues. We affirm, but address one issue: whether appellant’s sentence of life in prison for crimes he committed when he was a juvenile violates federal and state prohibitions against cruel and unusual punishment.

In October 2001, when he was 15 years old, appellant was charged with two counts of sexual battery on a person less than 12 years of age, a life felony, and one count of sexual battery on a person 12 years of age or older, a second degree felony. See §§ 794.011(2)(b), (5), Fla. Stat. (2001). He pled nolo contendere and was sentenced to 5 years in prison…

2Cases cited2 opinions

  1. Adaway v. StateSupreme Court of Florida · 2005
  2. Kendry v. StateDistrict Court of Appeal of Florida · 1987

3Cited by2 opinions

  1. Martin v. StateDistrict Court of Appeal of Florida · 2010
  2. State v. SmithDistrict Court of Appeal of Florida · 2013

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