Florida District Courts of Appeal, 2014

Tindall v. State

Tindall v. State
Florida District Courts of Appeal · Decided April 30, 2014 · Levine, Warner
138 So. 3d 545; 2014 WL 1686467; 2014 Fla. App. LEXIS 6210 (Southern Reporter, Third Series)

Tindall v. State

Opinion of the Court

PER CURIAM.

Affirmed. See Guzman v. State, 110 So.3d 480 (Fla. 4th DCA 2013). We certify conflict with Thomas v. State, 78 So.3d 644 (Fla. 1st DCA 2011), and certify the following questions to the Florida Supreme Court:

1. DOES GRAHAM V. FLORIDA, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), APPLY TO LENGTHY TERM-OF-YEARS SENTENCES THAT AMOUNT TO DE FACTO LIFE SENTENCES?
2. IF SO, AT WHAT POINT DOES A TERM-OF-YEARS SENTENCE BECOME A DE FACTO LIFE SENTENCE?

Affirmed; conflict certified; questions certified.

WARNER, MAY and LEVINE, JJ., concur.

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