Florida District Courts of Appeal, 2018

Emmanuel Forrest Lockhart v. State of Florida

Florida District Courts of Appeal · Decided December 31, 2018

260 So. 3d 1184 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Akeen Kadoni Paul v. State of Florida (Fla. Dist. Ct. App. 2019)

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Opinion

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_ No. 1D17-2661 _

EMMANUEL FORREST LOCKHART,

Appellant, v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Washington County. Timothy Register, Judge.

December 31, 2018

PER CURIAM.

Appellant, Emmanuel Forrest Lockhart, appeals from a judgment and sentence for attempted first-degree murder with a firearm, attempted robbery with a firearm, and burglary while armed. He raises three issues on appeal, as to the first two of which we affirm without discussion.

In his third issue, Appellant asserts that his sentences violate the constitutional prohibition on excessive punishments and we should extend the Graham v. Florida, 560 U.S. 48 (2010), line of cases to adult offenders. Appellant urges us to require sentencing courts to focus on offenders’ actual mental age on a case-by-case basis given the rationales of the Graham line of cases and the neurological research showing that the brain continues to develop until the mid-twenties. We affirm on the authority of Romero v. State, 105 So. 3d 550 (Fla. 1st DCA 2012). See also McCray v. State, 247 So. 3d 721 (Fla. 1st DCA 2018); Wilson v. State, 249 So. 3d 800 (Fla. 1st DCA 2018); Jean-Michel v. State, 96 So. 3d 1043 (Fla. 4th DCA 2012).

AFFIRMED.

WOLF, LEWIS, and WETHERELL, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.