Florida District Courts of Appeal, 2012

Swanson v. State

Swanson v. State
Florida District Courts of Appeal · Decided August 21, 2012 · Benton, Clark, Makar
98 So. 3d 135; 2012 Fla. App. LEXIS 13822; 2012 WL 3569705 (Southern Reporter, Third Series)

Swanson v. State

Concurring Opinion

CLARK, J.,

concurring specially.

I agree with the majority opinion that the sentence in this case must be upheld. I am, however, troubled by the imposition of a 22-year prison sentence for the appellant, a juvenile with no prior criminal or delinquency record, who committed the armed robbery with a BB gun, but did not shoot at or strike the victim.

I am in accord with the concurring opinion in Smith v. State, 93 So.3d 371 (Fla. 1st DCA 2012) (Padovano, J., concurring), and the dissenting opinion in Gridine v. State, 89 So.3d 909 (Fla. 1st DCA 2011) (Wolf, J., dissenting), where my colleagues point out the logic in providing parole opportunities for juveniles sentenced as adults.

Opinion of the Court

PER CURIAM.

The appellant’s conviction for armed robbery with a deadly weapon is affirmed, in accordance with Mitchell v. State, 703 So.2d 1062 (Fla. 1997), where the Florida Supreme Court answered a certified question and approved Mitchell v. State, 698 So.2d 555 (Fla. 2d DCA 1997). The sentence imposed in connection with this offense is also affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.