Opinion
No. 1D11–1817.
2012-10-9
Travis Devon SWANSON, Appellant, v. STATE of Florida, Appellee.
An appeal from the Circuit Court for Duval County. Elizabeth A. Senterfitt, Judge. Nancy A. Daniels, Public Defender, and Wendy S. Loquasto, Special Assistant Public Defender of Fox & Loquasto, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Brooke Poland and Jay Kubica, Assistant Attorneys General, Tallahassee, for Appellee.
An appeal from the Circuit Court for Duval County. Elizabeth A. Senterfitt, Judge.
Nancy A. Daniels, Public Defender, and Wendy S. Loquasto, Special Assistant Public Defender of Fox & Loquasto, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Brooke Poland and Jay Kubica, Assistant Attorneys General, Tallahassee, for Appellee.
BENTON, C.J. and MAKAR, J., CONCUR, and CLARK, J., concurring specially.
PER CURIAM.
The appellant's conviction for armed robbery with a deadly weapon is affirmed, in accordance with Mitchell v. State, 703 So.2d 1062 (Fla.1997), where the Florida Supreme Court answered a certified question and approved Mitchell v. State, 698 So.2d 555 (Fla. 2d DCA 1997). The sentence imposed in connection with this offense is also affirmed. CLARK, J., concurring specially.
I agree with the majority opinion that the sentence in this case must be upheld. I am, however, troubled by the imposition of a 22–year prison sentence for the appellant, a juvenile with no prior criminal or delinquency record, who committed the armed robbery with a BB gun, but did not shoot at or strike the victim.
I am in accord with the concurring opinion in Smith v. State, 93 So.3d 371 (Fla. 1st DCA 2012) (Padovano, J., concurring), and the dissenting opinion in Gridine v. State, 89 So.3d 909 (Fla. 1st DCA 2011) (Wolf, J., dissenting), where my colleagues point out the logic in providing parole opportunities for juveniles sentenced as adults.