Roberto Trejo v. State

District Court of Appeal of Florida

Roberto Trejo v. State

159 So. 3d 284, 2015 Fla. App. LEXIS 3039, 2015 WL 895752

CourtDistrict Court of Appeal of Florida

DecidedMarch 4, 2015

Docket4D12-1579

StatusPublished

This text of 159 So. 3d 284 (Roberto Trejo v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roberto Trejo v. State, 159 So. 3d 284, 2015 Fla. App. LEXIS 3039, 2015 WL 895752 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Appellant, Roberto Trejo, was indicted for racketeering and conspiracy to commit racketeering. His predicate offenses included attempted first degree murder, shooting into a building, and three armed robberies with a firearm. He was also charged on substantive counts for the same five offenses. Trejo was acquitted on the racketeering, conspiracy, and shooting into a building charges, but convicted of attempted second degree murder with a firearm and the three armed robberies. We affirm on all issues raised in this appeal, including his fifty-year sentence. The United States Supreme Court’s ruling in Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010) does not apply to appellant’s sentence. See Guzman v. State, 110 So.3d 480, 483 (Fla. 4th DCA 2013) (holding that Graham, which prohibited the imposition of a life without parole sentence on a juvenile offender who did not commit homicide, does not apply to a lengthy term-of-years sentence .that might constitute a de facto life sentence).

As we did in Guzman, we certify conflict with Thomas v. State, 78 So.3d 644 (Fla. 1st DCA 2011) and certify the following questions to the Florida Supreme Court:

1. DOES GRAHAM v. FLORIDA, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010) APPLY TO LENGTHY TERM-OF-YEARS SENTENCES THAT AMOUNT TO DE FACTO LIFE SENTENCES?

2. IF SO, AT WHAT POINT DOES A TERM-OF-YEARS SENTENCE BECOME A DE FACTO LIFE SENTENCE?

Affirmed; conflict certified; questions certified.

GROSS, TAYLOR and LEVINE, JJ., concur.

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PER CURIAM.

Appellant, Roberto Trejo, was indicted for racketeering and conspiracy to commit racketeering. His predicate offenses included attempted first degree murder, shooting into a building, and three armed robberies with a firearm. He was also charged on substantive counts for the same five offenses. Trejo was acquitted on the racketeering, conspiracy, and shooting into a building charges, but convicted of attempted second degree murder with a firearm and the three armed robberies. We affirm on all issues raised in this appeal, including his fifty-year sentence. The United States Supreme Court’s ruling in Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010) does not apply to appellant’s sentence. See Guzman v. State, 110 So.3d 480, 483 (Fla. 4th DCA 2013) (holding that Graham, which prohibited the imposition of a life without parole sentence on a juvenile offender who did not commit homicide, does not apply to a lengthy term-of-years sentence .that might constitute a de facto life sentence).

As we did in Guzman, we certify conflict with Thomas v. State, 78 So.3d 644 (Fla. 1st DCA 2011) and certify the following questions to the Florida Supreme Court:

1. DOES GRAHAM v. FLORIDA, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010) APPLY TO LENGTHY TERM-OF-YEARS SENTENCES THAT AMOUNT TO DE FACTO LIFE SENTENCES?

2. IF SO, AT WHAT POINT DOES A TERM-OF-YEARS SENTENCE BECOME A DE FACTO LIFE SENTENCE?

Affirmed; conflict certified; questions certified.

GROSS, TAYLOR and LEVINE, JJ., concur.

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Bluebook (online)

159 So. 3d 284, 2015 Fla. App. LEXIS 3039, 2015 WL 895752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberto-trejo-v-state-fladistctapp-2015.

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