The Eighth Amendment prohibits sentencing juvenile nonhomicide offenders to aggregate prison terms that deny them a meaningful opportunity for release based on demonstrated maturity and rehabilitation during their natural lives.
A juvenile nonhomicide offender was sentenced to a cumulative term of ninety years of imprisonment. The court considered whether the Eighth Amendment, under the precedent established in Graham, prohibits such a sentence if it does not provide a meaningful opportunity for release. The court held that the constitutional prohibition against cruel and unusual punishment is implicated when a juvenile nonhomicide offender's sentence does not afford any meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation. Because the aggregate term of years prevented the offender from obtaining such an opportunity during his natural life, the sentence was unconstitutional.
At page 680 Interpreting constitutional limits on juvenile sentencing33 citing cases“graham prohibits the state trial courts from sentencing juvenile nonhomicide offenders to prison terms that ensure these offenders will be imprisoned without obtaining a meaningful opportunity to obtain future early release during their natural lives based on their demonstrated maturity and rehabil…”
- Williams v. State, 476 P.3d 805 (Kan. Ct. App. 2020).published([T]he Graham Court 25 had no intention of limiting its new categorical rule to sentences denominated under the exclusive term of 'life in prison.')
- Darriue Montgomery v. State, 230 So. 3d 1256 (Fla. 5th DCA 2017).published See Henry v. State, 175 So.3d 675, 679 (Fla. 2015) (“Because we- have determined that Henry’s sentence is unconstitutional under Graham, we conclude that Henry, should be resentenced in light- of the new juvenile sentencing legislation ...…
- Thomas Kelsey v. State of Florida, 206 So. 3d 5 (Fla. 2016).published (Because we have determined that Henry’s sentence is unconstitutional under Graham, we conclude that Henry should be resentenced in light of the new juvenile sentencing legislation enacted by the Florida Legislature in…)
- State v. Gulley, 505 P.3d 354 (Kan. 2022).publishedSee Williams v. United States, 205 A.3d 837 , 844 (D.C. 2019) ("[N]umerous courts have understood Miller [and Graham] to apply not only to sentences that literally impose imprisonment for life without the possibility of parole, but also to…
- Marcus Hezekiah Singleton v. State of Florida, No. 18-2217 (Fla. 1st DCA Sept. 9, 2019).publishedHenry v. State, 175 So. 3d 675, 680 (Fla. 2015) (quotes omitted).
- Terrence Jamar Graham v. State of Florida, No. 18-2664 (Fla. 1st DCA Aug. 14, 2019).publishedHenry v. State, 175 So. 3d 675, 680 (Fla. 2015).
- State v. Slocumb, 827 S.E.2d 148 (S.C. 2019).published(opining "that the Graham Court had no intention of limiting its new categorical rule to sentences denominated under the exclusive term of `life in prison')
- Louis Anthony McCrae v. State of Florida, 267 So. 3d 470 (Fla. 1st DCA 2019).published Henry v. State, 175 So. 3d 675, 680 (Fla. 2015).
- State of Florida v. Kenneth Purdy, 252 So. 3d 723 (Fla. 2018).published Henry , 175 So.3d at 679-80 (unanimously holding that stacked consecutive term-of-years sentences that in combination exceed the life expectancy of a juvenile nonhomicide offender and do not provide a review mechanism violate the Eighth Am…
- Robert Stern v. State of Florida, 240 So. 3d 131 (Fla. 2d DCA 2018).publishedIn Henry v. State, 175 So. 3d 675, 680 (Fla. 2015), the Florida Supreme Court held that Graham prohibited an aggregate ninety-year juvenile sentence for a nonhomicide offense because it did not afford a meaningful opportunity for the juven…
Show 23 more citing cases
- Ira v. Janecka, 2018-NMSC-027.published In Henry v. State, 175 So. 3d 675, 676 (Fla. 2015), the Florida Supreme Court considered whether Graham governed a juvenile offender’s challenge to his 90-year aggregate sentence for his convictions of sexual battery while possessing a wea…
- Vennisee v. State, 235 So. 3d 947 (Fla. 3d DCA 2017).publishedAlso in 2015, the Florida Supreme Court issued its opinion in Henry v. State, 175 So.3d 675, 680 (Fla. 2015), which' extended the Roper and Graham conclusion—that juvenile life without parole sentences for non-homicide offenses violates th…
- Willbanks v. Missouri Dep't of Corr., 522 S.W.3d 238 (Mo. 2017).published Semple v. Casiano, — U.S. —, 136 S.Ct. 1364 , 194 L.Ed.2d 376 (2016); Henry v. State, 175 So.3d 675, 679-80 (Fla. 2015), cert. denied, — U.S. —, 136 S.Ct. 1455 , 194 L.Ed.2d 552 (2016); People v. Reyes, 407 Ill.Dec. 452 , 63 N.E.3d 884, 88…
- Clyde E. Johnson v. State of Florida, 215 So. 3d 1237 (Fla. 2017).published Henry v. State, 175 So.3d 675, 680 (Fla. 2015), cert. denied, — U.S. -, 136 S.Ct. 1455 , 194 L.Ed.2d 552 (2016).
- Marshall v. State, 214 So. 3d 776 (Fla. 2d DCA 2017).published(holding that Graham prohibits sentencing juvenile nonhomicide offenders to sentences that ensure their imprisonment without a meaningful opportunity for release based on demonstrated maturity and rehabilitation)
- Carter v. State, 215 So. 3d 125 (Fla. 3d DCA 2017).publishedSee Atwell v. State, 197 So.3d 1040, 1048 (Fla. 2016) (“In most respects, a sentence of life with the possibility of parole for first-degree murder, based on the way Florida’s parole process operates under the existing statutory scheme, ac…
- State v. Zuber, 152 A.3d 197 (N.J. 2017).publishedSee, e.g., People v. Caballero, 55 Cal.4th 262 , 145 Cal.Rptr.3d 286 , 282 P.3d 291, 295 (2012); Casiano v. Comm’r of Corr., 317 Conn. 52 , 115 A.3d 1031 , 1044 (2015), cert. denied, — U.S. —, 136 S.Ct. 1364 , 194 L.Ed.2d 376 (2016); Henry…
- State v. Ricky Zuber(076806), No. A-54-15 A-63-15 (N.J. Jan. 11, 2017).publishedEd. 2d 376 (2016); Henry v. State, 175 So. 3d 675, 680 (Fla. 2015); Brown v. State, 10 N.E.3d 1, 8 (Ind. 2014); State v. Null, 836 N.W.2d 41, 71 (Iowa 2013); Cloud v. State, 334 P.3d 132, 144 (Wyo. 30 2014); see also Moore v. Biter, 725 F.…
- State of Tennessee v. Deshun Hampton, No. W2015-00469-CCA-R3-CD (Tenn. Crim. App. Nov. 23, 2016).publishedSee Brian A. Starks v. Joe Easterling, No. 14-6230, 2016 WL 4437588 , at *3 (6th Cir. Aug. 23, 2016) (concluding that Tennessee‘s refusal to apply Graham to consecutive, fixed-term sentences is not contrary to clearly established federal l…
- Williams v. State, 203 So. 3d 1020 (Fla. 2d DCA 2016).publishedIn Henry v. State, 175 So.3d 675, 680 (Fla.2015), the court held that Graham v. Florida, 560 U.S. 48 , 130 S.Ct. 2011 , 176 L.Ed.2d 825 (2010), which prohibits life-without-parole sentences for juvenile non-homicide offenders, applies to l…
- State ex rel. Alden Morgan v. State of Louisiana, 217 So. 3d 266 (La. 2016).published(defendant sentenced for multiple offenses; ”[T]he specific sentence that a juvenile nonhomicide offender receives for committing a given offense is not dispositive as to whether the prohibition against cruel and unusual…)
- Davis v. State, 199 So. 3d 546 (Fla. 4th DCA 2016).published Henry v. State, 175 So.3d 675, 680 (Fla.2015); Gridine v. State, 175 So.3d 672, 674-75 (Fla.2015).
- Jamie L. Tyson v. State, 199 So. 3d 1087 (Fla. 5th DCA 2016).publishedId. at 680 (citation omitted).
- Jackson Stallings v. State, 198 So. 3d 1081 (Fla. 5th DCA 2016).published“meaningful opportunity for early release”
- Angelo Atwell v. State of Florida, 197 So. 3d 1040 (Fla. 2016).published“[i]n light of the United States Supreme Court’s long-held and consistent view that juveniles are different — with respect to prison sentences that are lawfully imposable on adults convicted for the same criminal offense…”
- Kitchen v. Whitmer, 486 F. Supp. 3d 1114 (E.D. Mich. 2020).published
- Timothy S. Willbanks v. Missouri Dep't of Corr., No. WD77913 (Mo. Ct. App. Oct. 27, 2015).published
- Braxton v. State, 212 So. 3d 539 (Fla. 2d DCA 2017).published
- New Jersey v. Zuber, 126 A.3d 335 (N.J. Super. Ct. App. Div. 2015).published
- Kelsey v. State, 183 So. 3d 439 (Fla. 1st DCA 2015).published
- Ira v. Janecka, 419 P.3d 161 (N.M. 2018).published
- Brooks v. State, 186 So. 3d 564 (Fla. 5th DCA 2015).published
- Peterson v. State, 193 So. 3d 1034 (Fla. 5th DCA 2016).published
At page 679 Determining unconstitutionality of juvenile nonhomicide sentences31 citing cases“the constitutional prohibition against cruel and unusual punishment under graham is implicated when a juvenile nonhomicide offender's sentence does not afford any 'meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.”
- Darriue Montgomery v. State, 230 So. 3d 1256 (Fla. 5th DCA 2017).published (Because we- have determined that Henry’s sentence is unconstitutional under Graham, we conclude that Henry, should be resentenced in light- of the new juvenile sentencing legislation ....)
- David B. Ingraham v. State of Florida, 388 So. 3d 980 (Fla. 3d DCA 2024).publishedHenry v. State, 175 So. 3d 675, 679 (Fla. 2015).3 And in Kelsey v. State, 206 So. 3d 5, 8 (Fla. 2016), the Florida Supreme Court held that “all juveniles who have sentences that violate Graham are entitled to resentencing pursuant to chapt…
- Robert D. Garner v. State of Florida, No. 22-0866 (Fla. 2d DCA Sept. 15, 2023).published The Florida Supreme Court in Henry v. State, 175 So. 3d 675, 676 (Fla. 2015), discussed the implications of Graham and Miller where a juvenile was convicted of multiple nonhomicide offenses and received an aggregate sentence of ninety year…
- Tramain Smith v. State of Florida, 387 So. 3d 357 (Fla. 3d DCA 2023).published(holding that a ninety-year sentence that does not afford a meaningful opportunity for release from prison is the functional equivalent of a life sentence and is unconstitutional under Graham)
- Keshawn Benjamin Shivers v. State of Florida, 308 So. 3d 176 (Fla. 4th DCA 2020).publishedId. at 546 (quoting Henry v. State, 175 So. 3d 675, 679 (Fla. 2015)). 2 Shivers failed to show his 25-year sentence on count V violates the Eighth Amendment, Graham, or Miller.
- State v. Kelliher, 849 S.E.2d 333 (N.C. Ct. App. 2020).published (holding 90 year sentence for non-homicide juvenile defendant was unconstitutional under Graham)
- Linda Pedroza v. State of Florida, 291 So. 3d 541 (Fla. 2020).published After the Supreme Court decided Miller and this Court determined that the related holding of Graham is not limited to sentences denominated “life” but also extends to term-of-years sentences that ensure imprisonment throughout a juvenile o…
- Com. v. Crosby, M., No. 1721 WDA 2017 (Pa. Super. Ct. Dec. 27, 2018).unpublishedMorgan v. State, 217 So.3d 266, 273 (La. 2016); Casiano v. Commissioner of Correction, 317 Conn. 52 , 115 A.3d 1031 , 1047 (2015), cert. denied, ––– U.S. ––––, 136 S.Ct. 1364 , 194 L.Ed.2d 376 (2016); Henry v. State, 175 So.3d 675, 679 (Fl…
- State of Florida v. Kenneth Purdy, 252 So. 3d 723 (Fla. 2018).published (unanimously holding that stacked consecutive term-of-years sentences that in combination exceed the life expectancy of a juvenile nonhomicide offender and do not provide a review mechanism violate the Eighth Amendment)
- Hernandez v. State, No. 16-0664 (Fla. 3d DCA May 16, 2018).published Henry, 175 So. 3d at 676-77.
Show 18 more citing cases
- Dante Rashad Morris v. State of Florida, 246 So. 3d 244 (Fla. 2018).publishedHenry v. State, 175 So. 3d 675, 679-80 (Fla. 2015).
- Ira v. Janecka, 2018-NMSC-027.published In Henry v. State, 175 So. 3d 675, 676 (Fla. 2015), the Florida Supreme Court considered whether Graham governed a juvenile offender’s challenge to his 90-year aggregate sentence for his convictions of sexual battery while possessing a wea…
- Commonwealth v. Foust, 180 A.3d 416 (Pa. Super. Ct. 2018).published Compare McCullough v. State , 233 Md.App. 702 , 168 A.3d 1045 , 1065-1070 (2017), appeal granted , 456 Md. 82 , 171 A.3d 612 (2017) (individual); Morgan , 217 So.3d at 271 (same); State v. Kasic , 228 Ariz. 228 , 265 P.3d 410 (2011) (same)…
- State v. Nathan, 522 S.W.3d 881 (Mo. 2017).publishedCompare, e.g., Demirdjian v. Gipson, 832 F.3d 1060, 1076-77 (9th Cir. 2016); United States v. Walton, 537 Fed.Appx. 430, 433-37 (5th Cir. 2013) (per curiam); Bunch v. Smith, 685 F.3d 546, 547-51 (6th Cir. 2012); State v. Kasic, 228 Ariz. 2…
- Willbanks v. Missouri Dep't of Corr., 522 S.W.3d 238 (Mo. 2017).published Semple v. Casiano, — U.S. —, 136 S.Ct. 1364 , 194 L.Ed.2d 376 (2016); Henry v. State, 175 So.3d 675, 679-80 (Fla. 2015), cert. denied, — U.S. —, 136 S.Ct. 1455 , 194 L.Ed.2d 552 (2016); People v. Reyes, 407 Ill.Dec. 452 , 63 N.E.3d 884, 88…
- Lucero v. People, 2017 CO 49, 394 P.3d 1128.publishedSee, e.g., Budder v. Addison, 851 F.3d 1047 , 1053 & n.4 (10th Cir. 2017); Moore v. Biter, 725 F.3d 1184, 1191-92 (9th Cir. 2013); People v. Caballero, 55 Cal.4th 262 , 145 Cal.Rptr.3d 286 , 282 P.3d 291, 293, 295 (2012); Casiano v. Comm’r…
- Kendall Young v. State, 219 So. 3d 206 (Fla. 5th DCA 2017).publishedHenry v. State, 175 So.3d 675, 679-80 (Fla. 2015).
- Burney v. State, 211 So. 3d 1106 (Fla. 2d DCA 2017).published (Graham is implicated when a juvenile nonhomicide offender’s sentence does not afford any ‘meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.’ ” (quoting Henry v. State, 175 So.3…)
- State v. Ramos, 387 P.3d 650 (Wash. 2017).published
- Johnny Trevon Cook v. State of Florida, 190 So. 3d 215 (Fla. 4th DCA 2016).published(holding juvenile’s aggregate ninety-year sentence unconstitutional under Graham)
- Gerardo Guzman v. State of Florida, 183 So. 3d 1025 (Fla. 2016).published
- Milagro Cunningham v. State of Florida, 187 So. 3d 937 (Fla. 4th DCA 2016).published
- United States v. James Mathurin, 868 F.3d 921 (11th Cir. 2017).published
- Wilson v. Neal, No. 3:22-cv-00205 (N.D. Ind. May 31, 2023).
- Kitchen v. Whitmer, 486 F. Supp. 3d 1114 (E.D. Mich. 2020).published
- William Davis v. State of Florida, 182 So. 3d 700 (Fla. 4th DCA 2015).published
- Noelson Andrevil v. State of Florida, 226 So. 3d 867 (Fla. 4th DCA 2017).published
- Kelsey v. State, 183 So. 3d 439 (Fla. 1st DCA 2015).published
At page 676 Juvenile status implicating eighth amendment sentencing9 citing casesconsidering whether sentence violated the Eighth Amendment following rule 3.800(b)(2) motion raised while direct appeal was pending
- Thomas Kelsey v. State of Florida, 206 So. 3d 5 (Fla. 2016).published Cf. Henry, 175 So.3d at 680 (“Because we have determined that Henry’s sentence is unconstitutional under Graham, we conclude that Henry should be resentenced in light of the new juvenile sentencing legislation enacted by the Florida Legisl…
- Robert D. Garner v. State of Florida, No. 22-0866 (Fla. 2d DCA Sept. 15, 2023).published The Florida Supreme Court in Henry v. State, 175 So. 3d 675, 676 (Fla. 2015), discussed the implications of Graham and Miller where a juvenile was convicted of multiple nonhomicide offenses and received an aggregate sentence of ninety year…
- State v. Martinez, No. 1 CA-CR 17-0068 (Ariz. Ct. App. Aug. 30, 2018).unpublishedMartinez’s sentence is significantly shorter; he is eligible for release after serving 35.3 years, because he earns one day of “earned release credit” for every six days served for the attempted second-degree murder and the aggravated assa…
- Kadeem Quaishawn Hart v. State of Florida, 255 So. 3d 921 (Fla. 1st DCA 2018).published The Florida Supreme Court expanded the class of juvenile nonhomicide offenders entitled to relief under Graham in Henry v. State, 175 So. 3d 675, 676 (Fla. 2015).
- Hernandez v. State, No. 16-0664 (Fla. 3d DCA May 16, 2018).published Henry, 175 So. 3d at 676-77.
- Ira v. Janecka, 2018-NMSC-027.published In Henry v. State, 175 So. 3d 675, 676 (Fla. 2015), the Florida Supreme Court considered whether Graham governed a juvenile offender’s challenge to his 90-year aggregate sentence for his convictions of sexual battery while possessing a wea…
- Brian Starks v. Joe Easterling, 659 F. App'x 277 (6th Cir. 2016).unpublished This conclusion is supported by state-court decisions setting aside as cruel and unusual lengthy sentences that approach or exceed a defendant’s life expectancy, regardless whether that sentence bears the title “life without parole.” See,…
- Carissa Parker v. State of Florida, No. 1D2023-0760 (Fla. 1st DCA Oct. 30, 2024).published
- Carissa Parker v. State of Florida, No. 1D2023-0760 (Fla. 1st DCA Jan. 2, 2025).published
At page 677 Establishing juvenile offenders' special status for sentencing2 citing casesdiscussing Miller v. Alabama, 567 U.S. 460 (2012)
- Thomas Kelsey v. State of Florida, 206 So. 3d 5 (Fla. 2016).published Cf. Henry, 175 So.3d at 680 (“Because we have determined that Henry’s sentence is unconstitutional under Graham, we conclude that Henry should be resentenced in light of the new juvenile sentencing legislation enacted by the Florida Legisl…
- Robert D. Garner v. State of Florida, No. 22-0866 (Fla. 2d DCA Sept. 15, 2023).published The Florida Supreme Court in Henry v. State, 175 So. 3d 675, 676 (Fla. 2015), discussed the implications of Graham and Miller where a juvenile was convicted of multiple nonhomicide offenses and received an aggregate sentence of ninety year…
At page 675 “Because we find that Graham does apply and- that the' sentence at issue' will not provide a meaningful opportunity for release, we quash the decision below and remand for resentencing consistent with our rationale provided below.”1 citing case
- McCullough v. State, 168 A.3d 1045 (Md. Ct. Spec. App. 2017).published It remanded the case for the sentencing court to “conduct proceedings in accordance with Henry” 175 So.3d at 675.
Other citing cases
- Garcia (jonathan) v. State, 566 P.3d 1112 (Nev. 2025).published
- Feazeal (Travis) Vs. State, No. 76119 (Nev. Aug. 8, 2019).published
- Hicks v. State, Bd. of Parole Comm'rs (Castillo), No. 70472 (Nev. July 21, 2016).unpublished
v.
STATE of Florida
We have for review the Fifth District Court of Appeal’s decision in Henry v. State, 82 So.3d 1084 (Fla. 5th DCA 2012), holding that Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), does not apply to term-of-years prison sentences because such sentences do not constitute life imprisonment. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. Because we find that Graham does apply and- that the' sentence at issue' will not provide a meaningful opportunity for release, we quash the decision below and remand for resentencing consistent with our rationale provided below.
BACKGROUND AND PROCEDURAL HISTORY
When he was seventeen years old, Leighdon Henry was tried as an, adult and convicted for committing multiple nonho-micide offenses, including three counts of sexual battery while possessing a weapon, two counts of robbery, one count of kidnapping, one count of carjacking, . one count of burglary of a dwelling, and one count of possession of marijuana. The trial court sentenced Henry to life for the sexual battery offenses, plus an additional sixty years’ imprisonment for the remaining offenses, to run consecutively. Henry was thus sentenced to life plus sixty years’ imprisonment. Henry appealed.
During the pendency of Henry’s appeal, the United States Supreme Court issued its Graham decision. Thereafter, Henry filed a motion pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) predicated on the Graham holding. The trial court granted the rule 3.800(b)(2) motion, in part, and resentenced Henry to concurrent thirty-year sentences for the sexual batteries; the remaining sentences were to run consecutively. Henry was thus sentenced to ninety years’ imprisonment. The Fifth District affirmed Henry’s convictions and revised sentences, concluding that “Henry’s aggregate term-of-years sentence is not invalid under the Eighth Amendment. ...” Henry 82 So.3d at 1089.
ANALYSIS
Standard of Review
The review of-a decision of a district court of appeal construing a provision of' the state or federal constitution concerns a pure question of law that is subject to de novo review. Crist v. Fla. Ass’n of [*677] Criminal Def. Lawyers, Inc., 978 So.2d 134, 139 (Fla.2008) (citing Fla. Dep’t of Revenue v. City of Gainesville, 918 So.2d 250, 256 (Fla.2005); Zingale v. Powell, 885 So.2d 277, 280 (Fla.2004)).
Merits
In Graham, the Supreme Court: conducted a thorough examination of the constitutional requirements for states that subject juvenile nonhomicide offenders to terms of life imprisonment as if these offenders had been adults when they committed their offenses. After careful consideration of the overall issue, the Graham Court concluded and repeatedly emphasized that because of their immaturity and underdeveloped sense of responsibility, juveniles are more vulnerable or negatively influenced by external forces than are adults. Graham, 560 U.S. at 67-68, 130 S.Ct. 2011 (citing Roper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005)). The Supreme Court further determined that juveniles constitute a category of offenders that are not as capable of engaging in conduct that is as “morally reprehensible” as adults and, therefore, cannot be reliably “classified among the worst offenders.” Id. at 68 (quoting Roper, 543 U.S. at 569, 125 S.Ct. 1183; Thompson v. Oklahoma, 487 U.S. 815, 835, 108 S.Ct. 2687, 101 L.Ed.2d 702 (1988) (plurality opinion)). In addition, the Supreme Court held that juveniles possess a greater potential for change or positive character growth than adults. Id. (citing Roper, 543 U.S. at 570, 125 S.Ct. 1183).
Building upon its prior precedent that explicitly emphasized the special status of juvenile offenders for purposes of criminal punishment, in Miller v. Alabama, — U.S.-, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), the Supreme Court stated in no uncertain terms that it is the offenders’ juvenile status that implicates the Eighth Amendment to the United States Constitution. Miller, 132 S.Ct. at 2464 (“To start with the first set of cases: Roper and Graham establish that children are constitutionally different from, adults for purposes of sentencing. Because juveniles have diminished culpability and greater prospects for reform, we explained, ‘they are less deserving of the most severe punishments.’ ” (quoting Graham, 560 U.S. at 68, 130 S.Ct. 2011)); Id. at 2465 (“Most fundamentally, Graham insists that youth matters in determining the appropriateness of a lifetime of incarceration without the possibility of parole. In the circumstances there, juvenile status precluded a life-without-parole sentence, even though an adult could receive it for a similar crime.”); Id. at 2469 (“By making youth (and all that accompanies it) irrelevant to imposition of that harshest prison sentence, such a scheme poses too great a risk of disproportionate punishment.... But given - all we have said in Roper, Graham, and this decision about children’s diminished culpability and heightened capacity for change, we think appropriate occasions Tor sentencing juveniles to this harshest possible penalty will be uncommon.”); Id. at 2466 (“But the mandatory penalty schemes at issue here prevent the sentencer from taking account of these central considerations .... That contravenes Graham’s (and also Roper’s) foundational principle: that imposition of a State’s most severe penalties on juvenile offenders cannot proceed as though they were not children.”).
The Court concluded that the status of juvenile offenders warrants different considerations by the states whenever such offenders face criminal punishment as if they are adults. See, e.g., Roper, 543 U.S. at 553, 125 S.Ct. 1183 (“Three general differences between juveniles under 18 and adults demonstrate that juvenile offenders cannot with reliability be classified among the worst offenders. Juveniles’- suscepti[*678]bility to immature and irresponsible behavior means ‘their irresponsible conduct is not as morally reprehensible as that of an adult.’ [Thompson, 487 U.S. at 885, 108 S.Ct. 2687]. Their own vulnerability and comparative lack of control over their immediate surroundings mean juveniles have a greater claim than adults .to be forgiven for failing to escape negative influences in their whole environment. See [Stanford v. Kentucky, 492 U.S. 361, 395, 109 S.Ct. 2969, 106 L.Ed.2d 306 (1989) (Brenan, J., dissenting), abrogated by Roper, 543 U.S. at 551, 125 S.Ct. 1183]. The reality that juveniles still struggle to define their identity means it is less supportable to conclude that even a heinous crime committed by a juvenile is evidence of irretrievably depraved character. The Thompson plurality recognized the import of these characteristics with respect to juveniles under 16. 487 U.S. at 833-38, 108 S.Ct. 2687. The same reasoning applies to all juvenile offenders under 18. Once juveniles’ diminished culpability is recognized, it is evident that neither of the two penological justifications for the death penalty — retribution and deterrence of capital crimes by prospective offenders, e.g., [Atkins v. Virginia, 536 U.S. 304, 319, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) ] — provides adequate justification for imposing that penalty on juveniles.”); Id. at 561, 125 S.Ct. 1183 (“[T]he Thompson plurality stressed that ‘[t]he reasons why juveniles are not trusted with the privileges and responsibilities of an adult also explain why their irresponsible conduct is not as morally reprehensible as that of an adult.’ Thompson, 487 U.S. at 835, 108 S.Ct. 2687.”).
Emphasizing the distinction between juveniles and adults, the Court explained:
Roper established that because juveniles have lessened culpability they are less deserving of the most severe punishments. 543 U.S. at 569 [125 S.Ct. 1183]. As compared to adults, juveniles have a “ ‘lack of maturity and an underdeveloped sense of responsibility”’; they “are more vulnerable or susceptible to negative influences and outside pressures, including peer pressure”; and their characters are “not as well formed.” Id. at 569-570 [125 S.Ct. 1183]. These salient characteristics mean that “[i]t is difficult even for expert psychologists to differentiate between the juvenile offender whose crime reflects unfortunate yet transient immaturity, and the rare juvenile offender whose crime reflects irreparable corruption.” Id. at 573 [125 S.Ct. 1183]. Accordingly, “juvenile offenders cannot with reliability be classified among the worst offenders.” Id. at 569 [125 S.Ct. 1183]. A juvenile is not absolved of responsibility for his actions, but his transgression “is not as morally reprehensible as that of an adult.” Thompson, [487 U.S.] at 835 [108 S.Ct. 2687] (plurality opinion).
Graham, 560 U.S. at 68, 130 S.Ct. 2011. Then, the Court stated that compared to the sentence of death, a sentence of life without parole is “the second most severe penalty permitted by law.” Id. at 69, 130 S.Ct. 2011 (quoting Harmelin v. Michigan, 501 U.S. 957, 1001, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (Kennedy, J., concurring in part and concurring in judgment)). Therefore, the Supreme Court emphasized that the status of the juvenile nonhomicide offender and the nature of the offense committed must be considered when determining whether life in prison without parole is a constitutionally permissible punishment. Id.
In evaluating the relative harshness of life-without-parole sentences for juveniles, the Supreme Court analyzed the cognizable penological justifications for such prison sentences employed by the states and[*679] found that only a theory of rehabilitation— which forms the basis for parole systems— is a valid constitutional basis for sentencing juvenile nonhomicide offenders. Id. at 70-74, 130 S.Ct. 2011. Therefore, the Supreme Court held that the Eighth Amendment prohibits the states from sentencing juvenile nonhomicide offenders to terms of imprisonment in which the states pre-es-tablish that these offenders “never will be fit to reenter society.” Id. at 75, 130 S.Ct. 2011. Further, the Supreme Court acknowledged that “[cjategorical rules tend to be imperfect, but one is necessary here.” Id. Consequently, it held that Florida law, which permits juvenile nonhomi-cide offenders to be sentenced to life-without-parole terms of imprisonment, violates the Eighth Amendment. Id. at 76, 130 S.Ct. 2011.
In so doing, the Supreme Court intended to ensure that the states would provide all juvenile nonhomicide offenders who were sentenced to life terms of imprisonment with meaningful future opportunities to demonstrate their maturity and rehabilitation. Id. at 79, 130 S.Ct. 2011 (noting that the “categorical rule gives all juvenile nonhomicide offenders a chance to demonstrate maturity and reform.”). Therefore, the Supreme Court reversed our First District’s decision in Graham v. State, 982 So.2d 43 (Fla. 1st DCA 2008), and remanded Graham’s case “for further proceedings not inconsistent with [its] opinion.” Id. at 82.
In the time since the Supreme Court issued its opinion in Graham, our district courts of appeal have not agreed on how to decide if lengthy term-of-years sentences of juvenile nonhomicide offenders should be evaluated for whether such sentences violate Graham. Our Second, Fourth, and Fifth District Courts of Appeal have applied Graham literally and determined that the holding in Graham should not be applied to aggregate term-of-years prison sentences for juvenile nonhomicide offenders. See, e.g., Young v. State, 110 So.3d 931, 932-33, 936 (Fla. 2d DCA 2013) (affirming concurrent thirty-year prison sentences for which ten years of probation followed); Guzman v. State, 110 So.3d 480, 483 (Fla. 4th DCA 2013) (affirming a sixty-year prison sentence for violation of probation); Henry, 82 So.3d at 1089 (affirming aggregate prison sentences totaling ninety years). Notably, our First and Third District Courts of Appeal have applied Graham on a case-by-case basis when addressing the sentences of juvenile nonhomicide offenders. Compare Thomas v. State, 78 So.3d 644 (Fla. 1st DCA 2011) (affirming concurrent fifty-year sentences); Reynolds v. State, 116 So.3d 558 (Fla. 3d DCA 2013) (affirming concurrent prison sentences of fifty and thirty years, respectively); with Floyd v. State, 87 So.3d 45 (Fla. 1st DCA 2012) (reversing consecutive forty-year sentences because there was no meaningful opportunity for release required under Graham); Adams v. State, 37 Fla. L. Weekly D1865, — So.3d-, 2012 WL 3193932 (Fla. 3d DCA Aug. 8, 2012) (reversing a sentence that required a juvenile nonhomicide offender to serve at least fifty-eight and one-half years because the sentence exceeded the offender’s life expectancy).
In response, we hold that the constitutional prohibition against cruel and unusual punishment under Graham is implicated when a juvenile nonhomicide offender’s sentence does not afford any “meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.” Graham, 560 U.S. at 75, 130 S.Ct. 2011. Graham requires a juvenile nonhomicide offender, such as Henry, to be afforded such an opportunity during his or her natural life. Id. Because Henry’s aggregate sentence, which totals ninety[*680] years and requires him to be imprisoned until he is at least nearly ninety-five years old, does not afford him this opportunity, that sentence is unconstitutional under Graham.
We conclude that Graham prohibits the state trial courts from sentencing juvenile nonhomicide offenders to prison terms that ensure these offenders will be imprisoned without obtaining a meaningful opportunity to obtain future early release during their natural lives based on their demonstrated maturity and rehabilitation.
In light of the' United States Supreme Court’s long-held and consistent view that juveniles are different — with respect to prison sentences that are lawfully imposable on adults convicted for the same criminal offenses — we conclude that, when tried as an adult, the specific sentence‘that a juvenile nonhomicide offender receives for committing a given offense is not disposi-tive as to whether the prohibition against cruel and unusual punishment is implicated. Thus, we believe that the Graham Court had no intention of limiting its new categorical rule to sentences denominated under the exclusive term of “life in prison.” Instead, we have determined that Graham applies to ensure that juvenile nonhomi-cide offenders will not be sentenced to terms of imprisonment without affording them a meaningful opportunity for early release based on a demonstration of maturity and rehabilitation. See Graham, 560 U.S. at 75, 130 S.Ct. 2011.
In light of Graham, and other Supreme Court precedent, we conclude that the Eighth Amendment will not tolerate prison sentences that lack a review mechanism for evaluating this special class of offenders for demonstrable maturity and reform in the future because any term of imprisonment for a juvenile is qualitatively different'than a comparable period of incarceration is for an adult.- See id. at 70-71, 130 S.Ct. 2011 (“Under this sentence a juvenile offender will on average serve more years and a greater percentage of his life in prison than an adult offender-. ... This reality cannot be ignored.”); Roper, 543 U.S. at 553, 125 S.Ct. 1183 (“Their own vulnerability and comparative lack of control over their immediate surroundings mean juveniles have a greater claim than adults t'o be forgiven for failing to escape negative influences in their whole environment.” (citing Stanford, 492 U.S. at 395, 109 S.Ct. 2969)).
Because we have determined that Henry’s sentence is unconstitutional under Graham, we conclude that Henry should be resentenced in light of the new juvenile sentencing legislation enacted by the Florida Legislature in 2014, ch,2014-220, Laws of Fla. See Horsley v. State, 160-So.3d 393, 395-396, No. SC13-1938, slip op. at 3.
CONCLUSION
For the reasons that we set forth above, we hereby quash the Fifth District’s decision. Furthermore, we remand Henry’s case to his sentencing court in order to address its present sentencing order in accordance with this opinion.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, and POLSTON, JJ., concur.