Hegstrom
v.
State

This case is not covered by Casetext's citator
Third District Court of Appeal State of FloridaNov 7, 2018
No. 3D17-2669 (Fla. Dist. Ct. App. Nov. 7, 2018)

No. 3D17-2669

11-07-2018

Dennis Hegstrom, Appellant, v. The State of Florida, Appellee.

Carlos J. Martinez, Public Defender, and Jonathan Greenberg, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Nikole Hiciano, Assistant Attorney General, for appellee.


Not final until disposition of timely filed motion for rehearing. Lower Tribunal No. 77-3909 An Appeal from the Circuit Court for Miami-Dade County, Richard L. Hersch, Judge. Carlos J. Martinez, Public Defender, and Jonathan Greenberg, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Nikole Hiciano, Assistant Attorney General, for appellee. Before LAGOA, SCALES and LINDSEY, JJ. PER CURIAM.

Affirmed. See State v. Michel, 43 Fla. L. Weekly S298 (Fla. July 12, 2018) ("[W]e hold that juvenile offenders' sentences of life with the possibility of parole after 25 years do not violate the Eighth Amendment of the United States Constitution as delineated by the United States Supreme Court in Graham v. Florida, 560 U.S. 48, 130 S. Ct. 2011, 176 L. Ed. 2d 825 (2010), Miller v. Alabama, 567 U.S. 460, 132 S. Ct. 2455, 183 L. Ed. 2d 407 (2012), and Virginia v. LeBlanc, — U.S. —, 137 S. Ct. 1726, 198 L. Ed. 2d 186 (2017); Romero v. State, 105 So. 3d 550, 552-53 (Fla. 1st DCA 2012) ("[A]ppellant was not a juvenile at the time of the offense. He urges us to overlook this fact by focusing on the juvenile nature of his mental and emotional development. He argues, in essence, that he was a juvenile in all but age. . . . Graham[ v. Florida, 560 U.S. 48 (2010)] is not controlling for an adult defendant.").