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Garland v. State, Case No. 1D09-1637 (Fla. App. 2/5/2010) (Fla. App., 2010)

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DAVID GARLAND, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 1D09-1637. District Court of Appeal of Florida, First District. Opinion filed February 5, 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. WOLF, J. Appellant raises a number of issues. We affirm, but address one issue: whether appellant’s sentence of life in prison for crimes he committed when he was a juvenile violates federal and state prohibitions against cruel and unusual punishment. Page 2 In October 2001, when he was 15 years old, appellant was charged with two counts of sexual battery on a person less than 12 years of age, a life felony, and one count of sexual battery on a person 12 years of age or older, a second degree felony...continue to full post

Full post as published by Florida Criminal Law Opinions on February 05, 2010 (boomark / email).