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Florida Statute 921.1401 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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F.S. 921.1401 Case Law from Google Scholar Google Search for Amendments to 921.1401

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
View Entire Chapter
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.
(c) The defendant’s age, maturity, intellectual capacity, and mental and emotional health at the time of the offense.
(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: District Court of Appeal of Florida | Date Filed: 2024-04-10

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: District Court of Appeal of Florida | Date Filed: 2024-03-13

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: District Court of Appeal of Florida | Date Filed: 2024-03-08

Snippet: Laws of Florida, codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes. See, e.g., Horsley

David B. Ingraham v. The State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-03-06

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: District Court of Appeal of Florida | Date Filed: 2024-02-23

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

Corey B. Johnson v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-02-14

Snippet: court considered each factor enumerated in section 921.1401, Florida Statutes (2017), in sentencing the defendant

Jonathan Sawyer v. The State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-01-31

Snippet: v. Alabama, 567 U.S. 460 (2012), and section 921.1401, Florida Statutes (2022). On appeal, Sawyer contends

State of Florida v. Herbert Leon Manago, Jr.

Court: Supreme Court of Florida | Date Filed: 2023-11-30

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

ROBERT D. GARNER v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-09-15

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: District Court of Appeal of Florida | Date Filed: 2023-07-12

Snippet: individualized sentencing factors set forth in § 921.1401, Fla. Stat., and resentenced Boucher to 40 years

SHAWN ANTHONY SINGLETARY v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-03-16

Snippet: requested a resentencing hearing pursuant to section 921.1401, Florida Statutes (2021); Graham v. Florida,

In Re: Amendments to the Florida Rules of Criminal Procedure

Court: Supreme Court of Florida | Date Filed: 2021-12-16

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

JONATHAN LACUE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-12-15

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

ANTONIO HODGSON v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-10-20

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: District Court of Appeal of Florida | Date Filed: 2021-01-27

Snippet: occurred pursuant to section 921.1401, Florida Statutes (2014). Section 921.1401 contains certain factors

DULIE ALONZO GREEN, JR. v. State

Court: District Court of Appeal of Florida | Date Filed: 2020-12-23

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

BERNELL HEGWOOD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-12-09

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

DEANGELO LAVANDER FAIN v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-12-09

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

JAMES MORGAN v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-12-09

Snippet: his life sentence imposed pursuant to section 921.1401, Florida Statutes. He claims that the statute

ROGYNE O'NEAL v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-06-17

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