108 So. 3d 1153

Clyde Edward JOHNSON, Appellant, v. STATE of Florida, Appellee.

No. 5D12-831.

District Court of Appeal of Florida, Fifth District.

March 15, 2013.

Baya Harrison, III, Monticello, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Ap-pellee.

PER CURIAM.

Clyde Edward Johnson challenges his 100-year sentence on a charge of burglary of a dwelling while armed, arguing that the sentence violates Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), as he was under 18 years old at the time of the offense.1 As our court has *1154already rejected the argument that a term of years sentence violates Graham in Henry v. State, 82 So.3d 1084 (Fla. 5th DCA 2012), rev. granted, 107 So.3d 405 (Fla.2012), we affirm. We certify that this decision conflicts with Floyd v. State, 87 So.3d 45 (Fla. 1st DCA 2012) and Adams v. State, -So.3d - (Fla. 1st DCA 2012).

AFFIRMED; CONFLICT CERTIFIED.

TORPY, LAWSON and JACOBUS, JJ„ concur.

Johnson v. State
108 So. 3d 1153

Case Details

Name
Johnson v. State
Decision Date
Mar 15, 2013
Citations

108 So. 3d 1153

Jurisdiction
Florida

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