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Ingraham v. State

Florida Court of Appeals, Third District

July 24, 2019

David Ingraham, Appellant,
v.
The State of Florida, Appellee.

         Not final until disposition of timely filed motion for rehearing.

          An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Martin Zilber, Judge Lower Tribunal Nos. 89-12383C, 89-21846.

          Carlos J. Martinez, Public Defender, and Jonathan Greenberg, Assistant Public Defender, for appellant.

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

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

          PER CURIAM.

         David Ingraham was charged with committing first-degree murder (Count I) and attempted first-degree murder (Counts II and III) on March 20, 1989.[1] Ingraham was a juvenile on the date of the offenses. Following trial, he was convicted of first-degree murder (as charged) and two counts of attempted second-degree murder with a firearm (as lesser-included offenses of attempted first-degree murder).

         On the first-degree murder count (Count I), Ingraham was sentenced to life with parole eligibility after twenty-five years. On each of the two attempted second-degree murder counts (Counts II and III), Ingraham was sentenced to thirty years in prison without parole, each sentence to be served consecutively to each other and consecutively to the life-with-parole sentence on the murder count.[2]

         Ingraham's convictions and sentences were affirmed on direct appeal. Ingraham v. State, 626 So.2d 1117 (Fla. 3d DCA 1993).

         In 2017, Ingraham filed a motion to vacate his judgments and sentences pursuant to Florida Rule of Criminal Procedure 3.850, raising two claims: 1) his life- with-parole sentence for first-degree murder violated Miller[3] and Graham;[4] and 2) his aggregate sentence of sixty years in prison for the non-homicide offenses (two consecutive thirty-year sentences on Counts II and III), to be served at the conclusion of his life-with-parole sentence on Count I, is unconstitutional and contrary to the Florida Supreme Court's decisions in Henry[5] and Kelsey.[6]

         The trial court denied Ingraham's first claim, and we affirm. See Franklin v. State, 258 So.3d 1239 (Fla. 2018); State v. Michel, 257 So.3d 3 (Fla. 2018).

         However, the trial court issued no ruling on Ingraham's claim that the aggregate sixty-year sentence, to be served at the conclusion of his life-with-parole sentence on Count I, is unconstitutional and contrary to Henry and Kelsey. Although we have the discretion to address this matter in the first instance, we decline to do so, and instead remand this cause for the trial court to conduct any further proceedings as may be appropriate, to make a determination on Ingraham's second claim, and to render an order accordingly.

         Affirmed in part, ...


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