Javarus Morgan v. The State of Florida

• Court: District Court of Appeal of Florida
• Decided: March 13, 2024
• Docket: 2022-1828
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 13, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1828 Lower Tribunal No. F01-21587B ________________

Javarus Morgan, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Diana Vizcaino, Judge.

Javarus Morgan, in proper person.

Ashley Moody, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before LOGUE, C.J., and EMAS and SCALES, JJ.

PER CURIAM. Affirmed. See § 921.1402(6), Fla. Stat. (2022) (providing a list of

enumerated factors for a trial court to consider in “determining if it is

appropriate to modify the juvenile offender’s sentence” and further providing

that “the court shall consider any factor it deems appropriate, including

any of the following. . . .”) (emphasis added); Dortch v. State, 266 So. 3d

1240, 1243 (Fla. 1st DCA 2019) (in conducting a sentencing hearing

pursuant to related section 921.1401, Florida Statutes—which provides a list

of enumerated factors for a trial court to consider in “determining whether life

imprisonment or a term of years equal to life imprisonment is an appropriate

sentence” and providing that “the court shall consider factors relevant to the

offense and the defendant's youth and attendant circumstances”—the trial

court is not required to make factual findings of any statutory factor not

relevant nor considered by the court); Fla. R. Crim. P. 3.781(c) (providing

procedures for the trial court to follow for “resentencing any juvenile offender

whose sentence is determined to be unconstitutional pursuant to the United

States Supreme Court's decision in Miller v. Alabama, 132 S. Ct. 2455, 2469

(2012) or Graham v. Florida, 560 U.S. 48 (2010)”; further providing that the

trial court “shall make specific findings on the record that all relevant factors

have been reviewed and considered by the court prior to imposing a

sentence of life imprisonment or a term of years equal to life imprisonment.”)