Zamot v. State

District Court of Appeal of Florida

Zamot v. State

262 So. 3d 260

CourtDistrict Court of Appeal of Florida

DecidedJanuary 9, 2019

DocketNo. 3D16-945

StatusPublished

This text of 262 So. 3d 260 (Zamot 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

Zamot v. State, 262 So. 3d 260 (Fla. Ct. App. 2019).

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Opinion

LAGOA, C.J.

Affirmed. See Franklin v. State, 43 Fla. L. Weekly S556, 258 So.3d 1239, 2018 WL 5839174 (Fla. Nov. 8, 2018) (reaffirming Michel's determination that the "majority's analysis in Atwell improperly applied Graham and Miller" and holding that Franklin's three 1000-year concurrent sentences with parole, and presumptive parole release date of 2352, for non-homicide juvenile offenses "fulfills Graham's requirement that juveniles be given a 'meaningful opportunity' to be considered for release during their natural life based upon 'normal parole factors' " (quoting Virginia v. LeBlanc, --- U.S. ----, 137 S.Ct. 1726, 1729, 198 L.Ed.2d 186 (2017) ); State v. Michel, 257 So.3d 3 (Fla. 2018) (holding "that juvenile offenders' sentences of life with the possibility of parole after 25 years do not violate the Eighth Amendment of the United States Constitution as delineated by the United States Supreme Court in Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), and Virginia v. LeBlanc, --- U.S. ----, 137 S.Ct. 1726, 198 L.Ed.2d 186 (2017)").

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LAGOA, C.J.

Affirmed. See Franklin v. State, 43 Fla. L. Weekly S556, 258 So.3d 1239, 2018 WL 5839174 (Fla. Nov. 8, 2018) (reaffirming Michel's determination that the "majority's analysis in Atwell improperly applied Graham and Miller" and holding that Franklin's three 1000-year concurrent sentences with parole, and presumptive parole release date of 2352, for non-homicide juvenile offenses "fulfills Graham's requirement that juveniles be given a 'meaningful opportunity' to be considered for release during their natural life based upon 'normal parole factors' " (quoting Virginia v. LeBlanc, --- U.S. ----, 137 S.Ct. 1726, 1729, 198 L.Ed.2d 186 (2017) ); State v. Michel, 257 So.3d 3 (Fla. 2018) (holding "that juvenile offenders' sentences of life with the possibility of parole after 25 years do not violate the Eighth Amendment of the United States Constitution as delineated by the United States Supreme Court in Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), and Virginia v. LeBlanc, --- U.S. ----, 137 S.Ct. 1726, 198 L.Ed.2d 186 (2017)").

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Bluebook (online)

262 So. 3d 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zamot-v-state-fladistctapp-2019.

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