In its second reversal of a major criminal-justice decision, the Florida Supreme Court ruled Thursday that juveniles can be sentenced to terms longer than 20 years in prison without the opportunity for early release.
The 4-1 decision stunned public defenders, who expressed concern not only about its implications for juvenile sentencing but also about a reshaped court emboldened to revisit issues the legal community had considered settled.
The ruling in the case of Linda Pedroza is rooted in two seminal U.S. Supreme Court decisions that found life sentences for juveniles violate Eighth Amendment protections against cruel and unusual punishment.
In a 2010 case, known as Graham v. Florida, the U.S. Supreme Court banned life sentences without a “meaningful opportunity” for release for juveniles convicted of non-homicide crimes. And in a 2012 ruling known as Miller v. Alabama, the high court barred mandatory life sentences for juveniles convicted of murder. Juveniles can still face life sentences in such cases, but judges must weigh criteria such as the offenders’ maturity and the nature of the crimes before imposing that sentences.
The Florida Legislature revamped sentencing laws for juveniles in 2014. In a series of rulings the following year, the Florida Supreme Court ordered judges to apply the laws retroactively to inmates who, as juveniles, had been sentenced to life in prison or to terms that would have effectively kept them behind bars until they die.
Pedroza was 17 when she and her boyfriend killed Pedroza’s mother in Palm Beach County. In 2003, Pedroza accepted a plea deal and was sentenced to 40 years in prison for the murder.
Lawyers for Pedroza, now 37, asked the court to revisit her sentence, arguing that the 40-year term was unconstitutional because the lengthy term was imposed without individualized consideration of her youth.
The state maintained that the sentence was not problematic because Pedroza would be 55 when she is scheduled to be released from prison. The 4th District Court of Appeals upheld the sentence, finding there was no “clear, binding Florida Supreme Court decision that requires resentencing.”
The appeals court also asked the Supreme Court to weigh in on the issue to settle conflicts with other district courts, which mostly required resentencing in cases in which sentences were equal to or less than Pedroza’s.
The Florida Supreme Court on Thursday sided with prosecutors and the lower courts, finding that the 40-year sentence is constitutional.
“In so holding, we conclude that, to the extent this (Supreme) court has previously instructed that resentencing is required for all juvenile offenders serving sentences longer than 20 years without the opportunity for early release based on judicial review, it did so in error,” Justice Alan Lawson wrote in a 15-page opinion joined by Chief Justice Charles Canady and justices Ricky Polston and Carlos Muñiz.
Justice Jorge Labarga dissented
Thursday’s ruling also backed away from a series of Florida Supreme Court decisions “to the extent they hold that resentencing is required for all juvenile offenders serving a sentence longer than 20 years without the opportunity for early release based on demonstrated maturity and rehabilitation.”
The court majority found the judge who sentenced Pedroza to 40 years in prison did not err, even though the juvenile’s level of maturity was not taken into consideration.
“Although the trial court in this case did not give individualized consideration to Pedroza’s youth and its attendant characteristics when deciding to sentencing her in accordance with the parties’ agreement, her sentence is not unconstitutional under Miller because it is not a sentence of life imprisonment,” Lawson wrote.
In his dissent, Labarga disagreed with the majority “because of the disproportionate result” in Pedroza’s case.
“Ironically, if Pedroza had pleaded guilty to first-degree murder and received a mandatory life sentence, she would actually be in a better position because she would have been entitled to resentencing … and she would have been eligible for judicial review of her sentence after 25 years,” Labarga wrote.
The Pedroza decision punctuates the sharp ideological shift on the court following Gov. Ron DeSantis’ appointment last year of three justices to replace members of a liberal-leaning majority who for years maintained a firm hold on the court. The appointments came because former justices Barbara Pariente, R. Fred Lewis and Peggy Quince hit a mandatory retirement age.
In January, the revamped court made a major reversal when it ruled that unanimous jury recommendations are not necessary before death sentences can be imposed.
The two turnarounds are a marked departure from “stare decisis,” the concept of relying on court precedents and could signal future changes in case law that had been considered settled.
The Pedroza ruling “is the second case in as many months where this new Supreme Court composition has reversed precedent by just saying, oh, they were wrong,” 8th Judicial Circuit Public Defender Stacy Scott told The News Service of Florida in an interview.
“It’s disregarding precedent that’s the scariest part of this ruling to me,” said Scott, whose judicial circuit includes Alachua, Baker, Bradford, Gilchrist, Levy and Union counties. “Because if that’s what this court is going to do, then they can do it on any type of case that they want to, including cases on reproductive rights. … It seems to me that this is judicial activism at its worst — disregarding precedent and the respect that our laws have for stare decisis.”
The decision in the Pedroza case ignores research that led the U.S. Supreme Court to do away with lifetime incarceration for juveniles, except in rare circumstances, Scott said.
“It’s a reversal not just in law, but it’s a regression of our views of juvenile offenders,” she said.
–Dara Kam, News Service of Florida
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really says
DO the Crime DO the Time, its simple. One has a choice. Be a Criminal or not. There are consequences. Mainly to the victims. Lock them up.
William Moya says
Amazing, going backwards in America with the biggest incarceration rate in the world; and I am certain many of your readers will rather talk about the labor camps in Cuba or Rwanda.
Pogo says
@Consider the source
Merciless greedy lying hypocritical shitheads appoint like minded shitheads to the bench. And then bleat about their love and respect for God with every other sentence…
1 I beseech you therefore, brethren, by the mercies of God, that ye present your bodies a living sacrifice, holy, acceptable unto 1 God, which is your reasonable service.
2 And be not conformed to this world: but be ye transformed by the renewing of your mind, that ye may prove what is that good, and acceptable, and perfect, will of God.
3 For I say, through the grace given unto me, to every man that is among you, not to think of himself more highly than he ought to think; but to think soberly, according as God hath dealt to every man the measure of faith.
4 For as we have many members in one body, and all members have not the same office:
5 So we, being many, are one body in Christ, and every one members one of another.
6 Having then gifts differing according to the grace that is given to us, whether prophecy, let us prophesy according to the proportion of faith;
7 Or ministry, let us wait on our ministering: or he that teacheth, on teaching;
8 Or he that exhorteth, on exhortation: he that giveth, let him do it with simplicity; he that ruleth, with diligence; he that sheweth mercy, with cheerfulness.
9 Let love be without dissimulation. Abhor that which is evil; cleave to that which is good.
10 Be kindly affectioned one to another with brotherly love; in honour preferring one another;
11 Not slothful in business; fervent in spirit; serving the Lord;
12 Rejoicing in hope; patient in tribulation; continuing instant in prayer;
13 Distributing to the necessity of saints; given to hospitality.
14 Bless them which persecute you: bless, and curse not.
15 Rejoice with them that do rejoice, and weep with them that weep.
16 Be of the same mind one toward another. Mind not high things, but condescend to men of low estate. Be not wise in your own conceits.
17 Recompense to no man evil for evil. Provide things honest in the sight of all men.
18 If it be possible, as much as lieth in you, live peaceably with all men.
19 Dearly beloved, avenge not yourselves, but rather give place unto wrath: for it is written, Vengeance is mine; I will repay, saith the Lord.
20 Therefore if thine enemy hunger, feed him; if he thirst, give him drink: for in so doing thou shalt heap coals of fire on his head.
21 Be not overcome of evil, but overcome evil with good.
– Romans, Chapter 12, KJV
Not in Floriduh.
Merrill Shapiro says
These Justices are barbarians, unable to feel shame! Justice Muniz’ name will appear on our ballots this year in a merit retention vote. Canaday and Polston will appear in merit retention vote in 2022. Please remember their names and remember, Floridians deserve better justices!
Mary Fusco says
Merrill, what a joke. The barbarians are the little POS that would kill you as soon as look at you. They have NO shame and have no idea that there are consequences to their actions. I say throw their useless parents in the cell next to them. People need to stop having kids just because they can and the “baby bump” is cute on social media, Raising kids is HARD work and you can’t just wake up when they have to be bailed out of jail. I say lock them up and throw away the key. Leopards do not change their spots.
Jim says
Yes-I will remember their names and vote to keep then in. When you are tough on crime-crime seems to disappear.
Stan Gruchawka says
For those who criticize these judges, your opinions would be different if someone murdered your loved one. I can see your point on a lesser crime, but not murder.
Linda says
When you stop committing juvenile offenses and move into the big time, you deserve big time punishment. Florida judges are finally putting real teeth in the law.
Linda says
@Mr. Shapiro, we are finally getting those better justices and can now vote to retain them! Commit the crime and you WILL do the time, finally in Florida.
James G says
Only in Flor-Duh do you see crap like this.
Vote then all out! We deserve to have better for our youth.
Lets not forget that every person commits a crime atleast once in their life.
No one is perfect.
If Mary Fusco new half the things her “angel” children have done she would have a heart attack.
Stretchem says
Folks don’t get your panties all wodded up. This applies to “non-homicide related convictions”.
If you think that throwing away the key on a juvenile for a NON MURDER offense is good for your narrow existence, then may your shitty crass God have mercy on your shitty crass soul.
Linda says
EVERYONE is responsible for knowing right from wrong. There are no excuses here. Do NOT commit the crime. What is so difficult to understand about that?
All children need to be taught responsibility.
Ritchie says
Does the term “juvenile” mean anything?
They are juvenile. So give them a chance to recover and straighten out.
If I happen to be their victim, they’re still juvenile and deserve a chance to recover all the same.
Gus says
Fantastic ruling!
If you cannot do the time then DO NOT do the crime.
The punishment must fit the crime. We can no longer afford to allow criminals manipulate the system due to their age.
Our system of justice is to protect the innocent and appropriately PUNISH the guilty!
Nanci Whitley says
What a horrible comment! Do you realize 90% of juvenile law breakers were sexually/physicality abused ? These children need help, not incarceration.
FactCheckerSTA says
Making up statistics on the fly, are you? Oh well. If they commit the crime, they should do the time. Regardless of their childhood experiences. They should not be allowed to wander among those who have committed no crimes, and continue to victimize other people.