Derek Archie v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJune 24, 2020
Docket3D20-0598
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed June 24, 2020.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D20-0598
Lower Tribunal Nos. 76-2588B,76-417B
________________
Derek Archie,
Appellant,
vs.
The State of Florida,
Appellee.
An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the
Circuit Court for Miami-Dade County, Stacy D. Glick, Judge.
Derek Archie, in proper person.
Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney
General, for appellee.
Before EMAS, C.J., and SCALES and MILLER, JJ.
PER CURIAM.
Affirmed. See Kokal v. State, 901 So. 2d 766, 777 (Fla. 2005) (“We have
repeatedly held that claims of ineffective assistance of postconviction counsel are
not cognizable.”) (citations omitted); see also Franklin v. State, 258 So. 3d 1239,
1241 (Fla. 2018) (“[W]e have . . . determined that the majority’s analysis in Atwell1
improperly applied Graham2 and Miller3 . . . [B]ecause [the defendant’s] sentences
include eligibility for parole there is no violation of the categorical rule announced
in Graham.”); State v. Michel, 257 So. 3d 3, 8 (Fla. 2018) (“[J]uvenile offenders’
sentences of life with the possibility of parole after [twenty-five] years under
Florida’s parole system do not violate ‘Graham’s requirement that juveniles . . . have
a meaningful opportunity to receive parole.’”) (third alteration in original) (quoting
Virginia v. LeBlanc, 137 S. Ct. 1726, 1729, 198 L. Ed. 2d 186 (2017)).
1 Atwell v. State, 197 So. 3d 1040 (Fla. 2016).
2 Graham v. Florida, 560 U.S. 48, 130 S. Ct. 2011, 176 L. Ed. 2d 825 (2010).
3 Miller v. Alabama, 567 U.S. 460, 132 S. Ct. 2455, 183 L. Ed. 2d 407 (2012).
2