FLORIDA SUPREME COURT UPHOLDS CONSECUTIVE LIFE SENTENCES FOR TEEN IN FATAL SLEEPOVER ATTACK

The Supreme Court of Florida ruled on Thursday that a trial court did not violate a juvenile’s Eighth Amendment rights by sentencing him to two concurrent life terms for attempted murder to run consecutively to a life sentence for murder.

In an opinion written by Justice Francis, the state’s highest court ruled 5-0 to uphold the sentencing structure of Corey B. Johnson, who was 17 years old when he committed the crimes in March 2018.

The decision resolves a conflict between Florida’s appellate courts regarding whether juvenile homicide offenders are constitutionally entitled to a “meaningful opportunity for release” for related nonhomicide offenses under the U.S. Supreme Court’s 2010 ruling in Graham v. Florida.

“We hold that the structure of Johnson’s consecutive life sentences does not violate the Eighth Amendment because, as a juvenile homicide offender, Johnson is not constitutionally entitled to a meaningful opportunity for release for his nonhomicide offenses under Graham,” Justice Francis wrote for the court.

The case stems from a March 2018 attack in which Johnson, after purchasing a utility knife, stabbed three people during a sleepover at a friend’s house. One victim, a friend named Jovanni, died from his injuries. A second victim was stabbed 30 times, and a third victim was stabbed in the neck and chest. All survived except Jovanni. Johnson was convicted of one count of first-degree murder and two counts of attempted first-degree murder.

Because Johnson was a minor at the time of the offenses, the trial court held an individualized sentencing hearing to consider his youth and mitigating factors, as required by Florida law. The court then sentenced Johnson to life without parole for each count, ordering the two attempted murder sentences to run concurrently with each other but consecutively to the murder sentence. Under Florida statute, Johnson is eligible for judicial review after serving 25 years on the murder count, and again after serving 25 years on the consecutive attempted murder counts.

Johnson appealed the consecutive structure, arguing it precluded his release from prison because even if he were granted release on the murder charge after 25 years, he would immediately begin serving the consecutive life sentences, delaying any potential release for at least another 25 years. He argued this violated the Eighth Amendment’s prohibition against cruel and unusual punishment.

The Fourth District Court of Appeal rejected Johnson’s argument, finding the sentence constitutional because he still maintained an opportunity for review. However, that decision conflicted with a prior ruling from the Second District Court of Appeal in Mack v. State, which held that consecutive life sentences for offenses from the same transaction violated the Eighth Amendment by making the opportunity for release “illusory.”

The Florida Supreme Court rejected the Second District’s reasoning in Mack, concluding that Graham’s categorical ban on life-without-parole sentences applies strictly to juvenile offenders who did not commit a homicide.

For juvenile homicide offenders like Johnson, the court ruled that the constitutional requirements are governed instead by the U.S. Supreme Court decisions in Miller v. Alabama and Jones v. Mississippi. Those precedents require only that a sentencing court hold a discretionary, individualized hearing considering the offender’s youth before imposing a life sentence.

“Because the trial court here complied with those precedents by utilizing section 921.1401’s discretionary, individualized process, Johnson’s resulting sentences do not run afoul of the Eighth Amendment,” the court concluded.

Chief Justice Couriel and Justices Labarga, Muñiz, Grosshans, and Sasso concurred in the decision. Justice Tanenbaum did not participate.

READ: Florida Supreme Court Affirms Death Sentence Of Woman Who Set Victim On Fire

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