Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

McDuffey v. State

Florida Court of Appeals, First District

December 6, 2019

Shawn Michael McDuffey, Jr., Appellant,
v.
State of Florida, Appellee.

         Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

          On appeal from the Circuit Court for Bay County. Elijah Smiley, Judge.

          Andy Thomas, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

          Ashley Moody, Attorney General, and Benjamin L. Hoffman, Assistant Attorney General, Tallahassee, for Appellee.

          Winokur, J.

         After a jury convicted Shawn Michael McDuffey, Jr. of kidnapping and robbery, the trial court sentenced him to life in prison as a prison releasee reoffender (PRR). On appeal, McDuffey argues that his mandatory life sentence is illegal pursuant to Graham v. Florida, 560 U.S. 48 (2010) and Miller v. Alabama, 567 U.S. 460 (2012), because prior offenses that qualified him as a PRR occurred when he was a juvenile. We affirm McDuffey's sentence and hold that a trial court can consider a prior juvenile offense, where the defendant was adjudicated as an adult, in determining whether a defendant qualifies for a mandatory life sentence under the PRR statute.

         I.

         McDuffey was an adult when he committed the charged crimes of kidnapping and robbery. Prior to trial, the State filed notice of its intent to classify McDuffey as a PRR and to pursue the corresponding sentences. At sentencing, the State introduced certified copies of McDuffey's qualifying prior offenses: twelve felony convictions for a series of burglaries and thefts McDuffey committed when he was sixteen years old and for which he was sentenced as an adult. As a result, the trial court sentenced McDuffey pursuant to the PRR statute and imposed the statutorily-mandated sentences of life in prison for kidnapping and fifteen years in prison for robbery.

         II.

         The legality of a sentence is reviewed de novo.[1] Washington v. State, 199 So.3d 1110, 1111 (Fla. 1st DCA 2016). Similarly, review of a constitutional question is de novo. Henry v. State, 134 So.3d 938, 944-47 (Fla. 2014).

         The Eighth Amendment to the United States Constitution, as well as Article I, section 17 of the Florida Constitution, proscribes cruel and unusual punishment. In Graham, the United States Supreme Court held that sentencing a juvenile to life imprisonment without the possibility of parole for a non-homicide offense constituted cruel and unusual punishment. 560 U.S. at 48. The court also found that the imposition of a mandatory life sentence without the possibility of parole for juvenile offenders violates the Eighth Amendment. Miller, 567 U.S. at 460.

         The PRR statute provides for enhanced penalties for defendants who commit certain offenses within three years of release from a state correctional facility. § 775.082(9), Fla. Stat. If the defendant commits a felony punishable by life imprisonment, the trial court must impose a mandatory sentence of life in prison. § 775.082(9)(a)3.a., Fla. Stat. If the defendant commits a second-degree felony, the trial court must impose a sentence of fifteen years in prison. § 775.082(9)(a)3.c., Fla. Stat. Defendants sentenced pursuant to the PRR statute have no possibility of parole or early release and must serve 100 percent of their sentence. § 775.082(9)(b), Fla. Stat. A trial court has no discretion in the imposition of a PRR sentence. § 775.082(9)(a)3., Fla. Stat.

         Both kidnapping and robbery qualify for PRR sentencing. § 775.082(9)(a), Fla. Stat. Kidnapping is a first-degree felony punishable by up to life in prison. § 787.01(2), Fla. Stat. Robbery is a second-degree felony. § 812.13(2)(c), Fla. Stat. Additionally, McDuffey was released from prison less than three years before he was convicted of kidnapping and robbery.

         While McDuffey therefore qualifies for a mandatory life sentence under the PRR statute, he claims that imposition of a life sentence violates either Graham or Miller when the prior offense considered by ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.