Nature of the Case
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Facts
When D was age 16, he and three other school-age youths attempted to rob a barbeque restaurant. One youth, who worked at the restaurant, left the back door unlocked just before closing time. D and another youth, wearing masks, entered through the unlocked door. D's masked accomplice twice struck the restaurant manager in the back of the head with a metal bar. When the manager started yelling at them, the two ran out and escaped in a car driven by the third accomplice. The restaurant manager required stitches for his head injury. No money was taken. D's prosecutor elected to charge D as an adult. The charges against Graham were armed burglary with assault or battery, a first-degree felony carrying a maximum penalty of life imprisonment without the possibility of parole, and attempted armed robbery, a second-degree felony carrying a maximum penalty of 15 years' imprisonment. D pleaded guilty to both charges. The court sentenced D to concurrent 3-year terms of probation. D was required to spend the first 12 months of his probation in the county jail, but he received credit for the time he had served awaiting trial and was released on June 25, 2004. Six months later, D was arrested. He participated in a home invasion robbery. His two accomplices were both 20-year-old men. They forcibly entered the home and held a pistol to Rodriguez, the occupant's, chest. The three held Rodriguez and another man, a friend of Rodriguez, at gunpoint for 30 minutes while they ransacked the home searching for money. Before leaving, they barricaded Rodriguez and his friend inside a closet. They attempted a second robbery later the same evening, where Bailey was shot. D drove Bailey and Lawrence to the hospital and left them there. As D drove away, a police sergeant signaled him to stop. D continued at a high speed but crashed into a telephone pole. He tried to flee on foot but was apprehended. Three handguns were found in his car. D denied involvement in the crimes. He said he encountered Bailey and Lawrence only after Bailey had been shot. D did not confess but admitted to two or three more robberies the night before. D was 34 days short of his 18th birthday. The court found that D had violated his probation by committing a home invasion robbery, by possessing a firearm, and by associating with persons engaged in criminal activity. D's attorney asked for 5 years. The Department of Corrections recommended at most 4 years' imprisonment. P recommended 30 years on the armed burglary count and 15 years on the attempted armed robbery count. The court sentenced D to life imprisonment for the armed burglary and 15 years for the attempted armed robbery. A life sentence gives a defendant no possibility of release unless he is granted executive clemency. The Court of Appeal affirmed. The Florida Supreme Court denied review. The Supreme Court granted certiorari.
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