Florida Statute 921.1401 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

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F.S. 921.1401

921.1401 Sentence of life imprisonment for persons who are under the age of 18 years at the time of the offense; sentencing proceedings.—

(1) Upon conviction or adjudication of guilt of an offense described in s. 775.082(1)(b), s. 775.082(3)(a)5., s. 775.082(3)(b)2., or s. 775.082(3)(c) which was committed on or after July 1, 2014, the court may conduct a separate sentencing hearing to determine if a term of imprisonment for life or a term of years equal to life imprisonment is an appropriate sentence.

(2) In determining whether life imprisonment or a term of years equal to life imprisonment is an appropriate sentence, the court shall consider factors relevant to the offense and the defendant’s youth and attendant circumstances, including, but not limited to:

(a) The nature and circumstances of the offense committed by the defendant.

(b) The effect of the crime on the victim’s family and on the community.

(d) The defendant’s background, including his or her family, home, and community environment.

(e) The effect, if any, of immaturity, impetuosity, or failure to appreciate risks and consequences on the defendant’s participation in the offense.

(f) The extent of the defendant’s participation in the offense.

(g) The effect, if any, of familial pressure or peer pressure on the defendant’s actions.

(h) The nature and extent of the defendant’s prior criminal history.

(i) The effect, if any, of characteristics attributable to the defendant’s youth on the defendant’s judgment.

(j) The possibility of rehabilitating the defendant.

History.—s. 2, ch. 2014-220.

F.S. 921.1401 on Google Scholar

F.S. 921.1401 on Casetext

Amendments to 921.1401

Arrestable Offenses / Crimes under Fla. Stat. 921.1401

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.1401.

Annotations, Discussions, Cases:

Cases Citing Statute 921.1401

Total Results: 20

Colby McCoggle v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-10T00:00:00-07:00

Snippet: twenty-five years. § 921.1401(1), Fla. Stat. (2014). Although sections 921.1401 and 921.1402 were

Javarus Morgan v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-13T00:00:00-07:00

Snippet: sentencing hearing pursuant to related section 921.1401, Florida Statutes—which provides a list of enumerated

ROBERT D. GARNER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-08T00:00:00-08:00

Snippet: Laws of Florida, codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes. See, e.g., Horsley…conducting a hearing in accordance with section 921.1401, which describes eleven factors a court must consider…conducted on December 2, 2021, pursuant to section 921.1401, with the resentencing court considering the eleven…resentencing hearing was conducted pursuant to section 921.1401, Mr. Garner was resentenced with the possibility…remand for resentencing under sections 775.082, 921.1401, and 921.1402, was resentenced to life in prison

David B. Ingraham v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-06T00:00:00-08:00

Snippet: Laws of Florida, codified in sections 775.082, 921.1401 and 921.1402, Florida Statutes (2014).”4

ROBERT L. BATTLE, JR. v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-23T00:00:00-08:00

Snippet: Laws of Florida, codified in sections 775.082, 921.1401 and 921.1402, Florida Statutes (2014)." See…consideration of the factors set forth in sections 921.1401 and 921.1402. Anything less is insufficient.

Corey B. Johnson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-14T00:00:00-08:00

Snippet: court considered each factor enumerated in section 921.1401, Florida Statutes (2017), in sentencing the defendant…Florida Legislature enacted sections 775.082,3 921.1401, and 921.1402, Florida Statutes (2017), “[i]n

Jonathan Sawyer v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-31T00:00:00-08:00

Snippet: v. Alabama, 567 U.S. 460 (2012), and section 921.1401, Florida Statutes (2022). On appeal, Sawyer contends…defendant.’” (emphasis in original) (quoting § 921.1401(2), Fla. Stat.)); Calabrese v. State, 325 So. …Rehabilitation is not the sole focus of section 921.1401. Rather, it is one of the statutory factors to… at sentencing . . . . In contrast to section 921.1401, evidence of rehabilitation and the juvenile&#…defendant's judgment[,]” as required by section 921.1401(2), Florida Statutes. Accordingly, we discern

State of Florida v. Herbert Leon Manago, Jr.

Court: Fla. | Date Filed: 2023-11-30T00:00:00-08:00

Snippet: conducted by the court in accordance with s. 921.1401, the court finds that life imprisonment is… conducted by the court in accordance with s. 921.1401, the court finds that life imprisonment is…harmless. After considering “all of [the section 921.1401] factors,” the court imposed a life sentence for

ROBERT D. GARNER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-15T00:00:00-07:00

Snippet: Laws of Florida, codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes. Mack, 313 So.

GREGORY BOUCHER v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-07-12T00:00:00-07:00

Snippet: individualized sentencing factors set forth in § 921.1401, Fla. Stat., and resentenced Boucher to 40 years…non-parole eligible counts pursuant to Fla.Stat. 921.1401.” 2 We write to explain why Boucher is not entitled…, the court resentenced Boucher pursuant to § 921.1401. In Horsley v. State, 160 So. 3d 393, 401 (Fla…between these two statutes: [Section 921.1401] sets forth the procedures for the …required to consider the factors set forth in § 921.1401 to determine if a life sentence was appropriate

SHAWN ANTHONY SINGLETARY v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-16T00:53:00-07:00

Snippet: requested a resentencing hearing pursuant to section 921.1401, Florida Statutes (2021); Graham v. Florida, …fact on the statutory factors listed in section 921.1401 are reviewed for the existence of competent, substantial

In Re: Amendments to the Florida Rules of Criminal Procedure

Court: Fla. | Date Filed: 2021-12-15T23:53:00-08:00

Snippet: but not limited to those enumerated in section 921.1401(2), Florida Statutes. Additionally, the court

JONATHAN LACUE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-12-14T23:53:00-08:00

Snippet: similar sentencing factors pursuant to section 921.1401(2), Florida Statutes (2015). However, we have

ANTONIO HODGSON v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-20T00:53:00-07:00

Snippet: a term of years equal to life imprisonment. § 921.1401(2), Fla. Stat. (2019) (enumerating factors for

DARYL LEVON TINDALL v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-01-26T23:53:00-08:00

Snippet: occurred pursuant to section 921.1401, Florida Statutes (2014). Section 921.1401 contains certain factors …appropriate sentence” for a juvenile offender. § 921.1401(2), Fla. Stat. (2014). In making its determination…determination under the factors listed in section 921.1401(2), the trial court considered, and ultimately rejected

DULIE ALONZO GREEN, JR. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2020-12-22T23:53:00-08:00

Snippet: the court in accordance with s. 921.1401, the court finds that life imprisonment is …the court in accordance with s. 921.1401, the court finds that life imprisonment

DEANGELO LAVANDER FAIN v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-12-08T23:53:00-08:00

Snippet: pronounced its requisite findings under section 921.1401(2), Florida Statutes (2019), holding that Appellant

BERNELL HEGWOOD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-12-08T23:53:00-08:00

Snippet: resentencing in conformance with sections 775.082, 921.1401, and 921.1402 of the Florida Statutes.” Hegwood

JAMES MORGAN v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-12-08T23:53:00-08:00

Snippet: his life sentence imposed pursuant to section 921.1401, Florida Statutes. He claims that the statute …Appellant requested sentencing pursuant to sections 921.1401 and 921.1402, Florida Statutes. He also filed …if the court resentences me pursuant to section 921.1401, that this can and may affect my current parole…court erred in sentencing him pursuant to section 921.1401, because the statute does not apply to his crime…contends that the sentencing factors under section 921.1401 must be made by a jury and not the court. We have

ROGYNE O'NEAL v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-06-17T00:53:00-07:00

Snippet: conducted by the court in accordance with s. 921.1401, the court finds that life imprisonment …conducted by the court in accordance with s. 921.1401, the court finds that life imprisonment is an