Streeter v. State

163 So. 3d 1281, 2015 Fla. App. LEXIS 8057, 2015 WL 3397078

• Court: District Court of Appeal of Florida
• Decided: May 27, 2015
• Docket: 2D13-4547
• Status: Published

Opinion

BY ORDER OF THE COURT.

Upon consideration of Appellant’s motion for rehearing filed March 19, 2015,

IT IS ORDERED that Appellant’s motion for rehearing is granted. The opinion dated March 4, 2015, is hereby withdrawn and the attached opinion is substituted therefor. No further motions for rehearing will be entertained.

Anthony W. Surber, Mulberry, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Ap-pellee.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

SYLATHUM STREETER, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 2D13-4547.

Opinion filed May 27, 2015.

MORRIS, Judge.

Sylathum Streeter appeals his two mandatory life sentences for first-degree murder, as well as the 280-year aggregate sentence for three counts of attempted first-degree murder, seven counts of attempted felony murder, three counts of shooting or throwing a missile into a dwelling, vehicle,-building, or aircraft, and two counts of burglary with assault or battery. 1 Because Streeter received two mandatory life sentences without the possibility of parole for first-degree murders that he committed when he was a juvenile, we reverse those sentences consistent with Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), and Falcon v. State, 162 So.3d 954 (Fla.2015). See also Toye v. State, 133 So.3d 540 (Fla. 2d DCA 2014).

Streeter also challenges his 280-year aggregate sentence for the nonhomicide offenses. This and other courts previously held that aggregate term-of-years sentences did not violate the rule prohibiting a life sentence for a juvenile offender for a singular, nonhomicide offense as set forth in Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010). See, e.g., Walle v. State, 99 So.3d 967, 970 (Fla. 2d DCA 2012); Peters v. State, 128 So.3d 832, 855-56 (Fla. 4th DCA 2013); Henry v. State, 82 So.3d 1084 (Fla. 5th DCA 2012). However, the Florida Supreme Court recently quashed the Fifth District’s Henry decision, holding “that the constitutional prohibition against cruel and unusual punishment under Graham is implicated when a juvenile nonhomicide offender’s sentence does not afford any ‘meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.’ ” Henry v. State, - So.3d - (Fla.2015) (quoting Graham, 560 U.S. at 75). Thus, where a trial court imposes an aggregate term-of-years sentence that ensures that the juvenile offender will not have that opportunity — as in this case — the sentence is unconstitutional under Graham. See id.; see also Gridine v. State, — So.3d - (Fla.2015) (seventy-year prison sentence for attempted first-degree murder conviction deemed unconstitutional under Graham). We therefore reverse Streeter’s 280-year aggregate prison sentence for the nonho-micide offenses.

Upon remand, the trial court should re-sentence Streeter in conformance with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 of the Florida Statutes. See Horsley v. State, 160 So.3d 393 (Fla.2015); see also Henry, — So.3d -; Falcon, 162 So.3d 954.

Reversed and remanded for resentenc-ing in conformance with this opinion.

CASANUEVA and BLACK, JJ., Concur.

1 . The sentences arose from two different circuit court cases, CF98-002950 and CF98-02951A.