final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Bay County. Elijah Smiley,
Thomas, Public Defender, and Kathleen Stover, Assistant
Public Defender, Tallahassee, for Appellant.
Moody, Attorney General, and Benjamin L. Hoffman, Assistant
Attorney General, Tallahassee, for Appellee.
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
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
legality of a sentence is reviewed de novo. 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.
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.
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.
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
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 ...