Graham v. Florida, No. 08-7412; U.S, Supreme Court; opinion by Kennedy, J.; concurrences by Stevens, J., and Roberts, C.J.; dissents by Thomas and Alito, JJ.; decided May 17, 2010. On certiorari to the District Court of Appeal of Florida, 1st District.
Petitioner Graham was 16 when he committed armed burglary and another crime. Under a plea agreement, the Florida trial court sentenced Graham to probation and withheld adjudication of guilt. Subsequently, the trial court found that Graham had violated the terms of his probation by committing additional crimes. The trial court adjudicated Graham guilty of the earlier charges, revoked his probation, and sentenced him to life in prison for the burglary. Because Florida has abolished its parole system, the life sentence left Graham no possibility of release except executive clemency. He challenged his sentence under the Eighth Amendment’s Cruel and Unusual Punishments Clause, but the State First District Court of Appeal af-firmed.
