Johnson v. State

Petitioner pleaded guilty to armed burglary of a dwelling, armed kidnapping, attempted first-degree murder, and sexual battery using force or a weapon. Petitioner was sentenced to six concurrent life sentences. Petitioner’s sentences were based on offenses he committed when he was seventeen years old. After the United States Supreme Court issued its decision in Graham v. Florida, the trial court set aside Petitioner’s life sentences and, after an evidentiary hearing, resentenced Petitioner to 100 years in prison for the first count and forty years on each remaining count, to run concurrently. The Fifth District Court of Appeal affirmed Petitioner’s sentence, concluding that Graham does not apply to term-of-years sentences. The Supreme Court quashed the decision of the Fifth District, holding that Petitioner’s 100-year sentence violates Graham and the Supreme Court’s decisions in Henry v. State and Kelsey v. State. Remanded. View "Johnson v. State" on Justia Law