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131 So. 3d 805

Johnson v. State

District Court of Appeal of Florida

Decided December 31, 2013

District Court of Appeal of Florida · decided 2013-12-31

Cited by 3 later decisions — most recently May 2017

2 state decisions

Relies on Miller v. Alabama · Washington v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2013-12-31

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PER CURIAM.

¶1Ernest Johnson, a juvenile, was convicted of first-degree murder and armed robbery. We affirm his convictions without further comment. However, we vacate Johnson’s sentence for first-degree murder and remand for resentencing. When the trial court imposed Johnson’s sentence, it failed to conduct an individualized examination of Johnson’s mitigating circumstances as required by Washington v. State, 103 So.3d 917, 920 (Fla. 1st DCA 2012). See also Miller v. Alabama, _ U.S. _, _, 132 S.Ct. 2455, 2475, 183 L.Ed.2d 407 (2012) (holding that “[b]y requiring that all children convicted of homicide receive lifetime incarceration without possibility of parole, regardless of their age and age-related characteristics and the nature of their crimes, the mandatory sentencing schemes before us violate this principle of proportionality, and so the Eighth Amendment’s ban on cruel and unusual punishment....”). We, therefore, vacate Johnson’s sentence for first-degree murder and remand for resentencing in accordance with this opinion.

¶2AFFIRMED in part, REVERSED in part, and REMANDED.

VAN NORTWICK, PADOVANO, and ROWE, JJ., concur.
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