Filed: Dec. 31, 2018
Latest Update: Mar. 03, 2020
Summary: 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 a
Summary: 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 af..
More
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