09-1637 DAVID GARLAND, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 09-1637

Case Date: 07/07/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DAVID GARLAND, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed July 7, 2010. An appeal from the Circuit Court for Leon County. Mark E. Walker, Judge. Nancy A. Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D09-1637

WOLF, J. On the court's own motion, we withdraw our previous opinion dated February 5, 2010, and substitute the following in its place. Appellant raises a number of issues. We affirm as to all issues but one: whether appellant's sentence of life in prison for crimes he committed when

he was a juvenile violates constitutional prohibitions against cruel and unusual punishment. In light of the United States Supreme Court's recent decision in Graham v. Florida, No. 08-7412, 78 U.S.L.W 4387, 22 Fla. L. Weekly Fed. S 328 (U.S. May 17, 2010), we quash his sentence and remand for resentencing and for appointment of conflict-free counsel. Affirmed in part; reversed in part; and remanded for further proceedings. HAWKES, C.J., and DAVIS, J., CONCUR.

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