Bowers v. State

District Court of Appeal of Florida

Decided April 30, 2014

District Court of Appeal of Florida · decided 2014-04-30

Cited by 1 later decisions — most recently February 2015

1 state decisions

Key passage — most relied on by later courts

“1. DOES GRAHAM V. FLORIDA, 560 U.S. 48 , 130 S.Ct. 2011 , 176 L.Ed.2d 825 (2010), APPLY TO LENGTHY TERM-OFYEARS SENTENCES THAT AMOUNT TO DE FACTO LIFE SENTENCES? 2. IF SO, AT WHAT POINT DOES A TERM-OF-YEARS SENTENCE BECOME A DE FACTO LIFE SENTENCE?”

quoted by 1 later decision, including 159 So. 3d 233 - Herbert Michel v. State

Relies on Graham v. Florida · Graham v. Florida · 78 So. 3d 644 - Thomas v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2014-04-30

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PER CURIAM.

¶1Affirmed. See Guzman v. State, 110 So.3d 480 (Fla. 4th DCA 2013). We certify conflict with Thomas v. State, 78 So.3d 644 (Fla. 1st DCA 2011), and certify the following questions to the Florida Supreme Court:

1. DOES GRAHAM V. FLORIDA, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), APPLY TO LENGTHY TERM-OF-YEARS SENTENCES THAT AMOUNT TO DE FACTO LIFE SENTENCES?

2. IF SO, AT WHAT POINT DOES A TERM-OF-YEARS SENTENCE BECOME A DE FACTO LIFE SENTENCE?

¶2Affirmed; conflict certified; questions certified.

TAYLOR, CONNER and KLINGENSMITH, JJ., concur.