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Johnson v. State

Citation: 247 So. 3d 591Docket: Case No. 2D17–3122

Court: District Court of Appeal of Florida; May 2, 2018; Florida; State Appellate Court

Narrative Opinion Summary

Lewis Johnson's appeal against the order denying his motion to correct an illegal sentence has resulted in a reversal. Johnson, who was a juvenile at the time of his 1979 sentencing under section 39.111(6) of the Florida Statutes, was not afforded the individualized considerations now mandated by the Supreme Court's ruling in Miller v. Alabama, which recognizes the differences between children and adults in sentencing contexts. The original statute did not provide the trial court with the discretion to consider these differences, leading to the conclusion that Johnson's sentence must be vacated. The court has remanded the case for a new sentencing hearing in compliance with current legal standards, specifically referencing the need to conform with chapter 2014-220, Laws of Florida. Johnson is entitled to all rights associated with resentencing. The ruling was unanimously supported by Judges Sleet and Rothstein-Youakim.

Legal Issues Addressed

Juvenile Sentencing and Individualized Consideration

Application: The court recognized that the original sentencing did not consider juvenile-specific factors as required by current standards, leading to the reversal of the sentence.

Reasoning: Johnson, who was a juvenile at the time of his 1979 sentencing under section 39.111(6) of the Florida Statutes, was not afforded the individualized considerations now mandated by the Supreme Court's ruling in Miller v. Alabama, which recognizes the differences between children and adults in sentencing contexts.

Rights in Resentencing

Application: The court affirmed that Johnson is entitled to all rights typically associated with the process of resentencing.

Reasoning: Johnson is entitled to all rights associated with resentencing.

Vacating and Remanding for Resentencing

Application: The court vacated Johnson's sentence and remanded the case for a new sentencing hearing that aligns with modern legal standards, specifically chapter 2014-220, Laws of Florida.

Reasoning: The original statute did not provide the trial court with the discretion to consider these differences, leading to the conclusion that Johnson's sentence must be vacated. The court has remanded the case for a new sentencing hearing in compliance with current legal standards, specifically referencing the need to conform with chapter 2014-220, Laws of Florida.