Rioux v. State

LaROSE, Judge.

Russell Joseph Rioux appeals his 2009 convictions and life sentences for sexual battery and lewd molestation on persons less than twelve years old. See §§ 794.011, 800.04, Fla. Stat. (2007). He was fifteen years old at the time of the offenses and sixteen years old at sentencing. We affirm the convictions.

In Graham v. Florida, — U.S. —, —, 130 S.Ct. 2011, 2034, 176 L.Ed.2d 825 (2010), the United States Supreme Court held that “[t]he constitution prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit homicide.” Therefore, we vacate…