GONZALEZ v. STATE

No. 1D09-2490.

50 So.3d 633 (2010)

Jose GONZALEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 10, 2011.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Glen P. Gifford , Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum , Attorney General, and Joshua R. Heller , Assistant Attorney General, Tallahassee, for Appellee.


WOLF, J.

We affirm but address one issue: whether appellant's sentence of life in prison for first-degree premeditated murder, which he committed as a juvenile, violates federal and state prohibitions against cruel and unusual punishment.

"[C]ases addressing the proportionality of sentences fall within two general classifications." Graham v. Florida, ___ U.S. ___, ___, 130 S.Ct. 2011, 2021, 176 L.Ed.2d 825 (2010). ...

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