Emmanuel Forrest Lockhart v. State of Florida ( 2018 )


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  •           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.
    _____________________________
    Andy Thomas, Public Defender, and Joanna A. Mauer, Assistant
    Public Defender, Tallahassee, for Appellant.
    Pamela Jo Bondi, Attorney General, and Benjamin Hoffman,
    Assistant Attorney General, Tallahassee, for Appellee.
    2
    

Document Info

Docket Number: 17-2661

Filed Date: 12/31/2018

Precedential Status: Precedential

Modified Date: 12/31/2018