“My Bunk Mate Got a Better Deal”: When the Comparison Game Turns into a 35-Year Prison Sentence

By: John Guidry

Our brains are constantly sizing up other people. There is always someone with less body fat and a bigger bank account. Comparison can be a bad habit, yet every party has at least one “One-Upper”—someone who has always been to a better restaurant, a better beach, or a better school.

• Pop Culture Note: For the ultimate One-Upper story, see comedian Brian Regan’s “I Walked On The Moon” routine. It’s a classic.

Comparison in Criminal Defense This habit is a big problem in my line of work.

• The Referral: I’ll get a call: “Guidry, you got my friend’s 25-year mandatory case dismissed. My case isn’t that serious, so you can do the same for me, right?” (Yes, I’m bragging about a serious result, but it’s a helpful example).
• The “Deal of the Century” Complaint: Every defense lawyer has negotiated a miracle deal, only to hear: “What? Sea World tickets? My bunk mate’s attorney got his whole family Disney Annual Passes. You aren’t as good as him, are you?”

But sometimes, the comparison isn’t just client whining. Sometimes, the disparity is real, shocking, and possibly unconstitutional.

Are you facing a sentence that is wildly unfair compared to others? Disparity is a defense. Call John today at (407) 423-1117.

The Case: Alfonso-Roche v. State (The 35-Year Mistake)

There is massive sentencing inconsistency in Florida. A case that is serious in Orange County may be minor in Osceola or Seminole County. (My SEO people love when I mention my counties, but it’s true). But can a sentence be so far outside the norm that it becomes Cruel and Unusual under the 8th Amendment?

Let’s look at Alfonso-Roche v. State, 2016 Fla. App. LEXIS 8352 (4th DCA 2016).

The Offer vs. The Trial

• The Defendant: Alfonso-Roche was 55 years old with NO prior criminal history.
• The Crime: He stole a car, a boat, and some motors. (Grand Theft).
• The Plea Offer: The State offered him 3 Years in prison. He turned it down and went to trial.
• The Verdict: He lost.

The Sentence: His scoresheet said the minimum sentence was 23.7 months (less than 2 years). The Judge sentenced him to 420 Months (35 Years).

• The Impact: At age 55, a 35-year sentence means he gets out at age 90. It is a Life Sentence for a first-time theft offender.

The Statistics: “What is This, China?”

The appeal highlighted just how insane this sentence was compared to everyone else in the 19th Judicial Circuit that year (2011–2012).

1. The Peers: There were 84 other defendants who scored roughly the same as Alfonso-Roche.
   • Their Median Sentence: 36 Months.
   • Alfonso-Roche’s Sentence: 420 Months.
2. The Worse Offenders: There were 117 defendants who scored higher (worse) than Alfonso-Roche.
   • The Result: Not one of those 117 defendants went to prison.

The “Trial Tax” The concurring opinion noted:

“No defendant who was sentenced to prison… could point to appellant and say that appellant was treated more favorably than himself.”

Essentially, Alfonso-Roche was punished not for the crime, but for having the audacity to go to trial.

The Ruling: Legal, But “Suspect”

Judge Gross wrote an excellent concurring opinion, finding the 420-month term legal (because it was within the statutory maximum) but highly suspect. The Court asked the Florida Supreme Court to answer a critical question:

“Does a sentence… violate the Eighth Amendment when it is significantly greater than the lowest permissible sentence… and grossly disproportionate to the median sentence imposed for similar crimes?”

Essentially: Can we stop Judges from being cruel just because they are angry you didn’t take the plea?

John’s 2026 Update: The “Trial Tax” & Data Defense

Note: In 2016, Alfonso-Roche was an outlier. In 2026, we use data to fight back.

1. Comparative Sentencing Analytics In 2026, we don’t just complain about unfairness; we visualize it.

• The Tool: Defense attorneys now use AI-driven Analytics to pull the sentencing history of the specific Judge we are facing.
• The Strategy: Before sentencing, I present a graph: “Your Honor, in the last 5 years, you have never given more than 5 years for this offense. Giving my client 35 years would be a statistical anomaly deviation of 600%.” This puts the Judge on notice that their bias is showing.

2. The “Trial Tax” is Still Real Despite appeals like Alfonso-Roche, the “Trial Tax” (the penalty for going to trial) is still very real in Florida.

• The Warning: If the State offers you 3 years, and the maximum is 35 years, understand that if you lose at trial, the Judge is rarely lenient. They view the trial as a “waste of the court’s time.”
• The Decision: This is why the decision to reject a plea must be made with eyes wide open. We have to weigh the evidence, not just your desire for “Justice.”

3. Age & “Virtual Life” Sentences Courts are slowly recognizing that giving a 55-year-old man 35 years is a death sentence.

• The Defense: We now file “Geriatric Sentencing Memorandums” arguing that based on actuarial tables, a 35-year sentence violates the prohibition against Life sentences for non-homicide crimes (a legal stretch, but an argument we make to preserve the record for appeal).

Don’t Be the Statistic

The comparison game is dangerous. Just because your “bunk mate” got a deal doesn’t mean you will. Every judge, every county (Orange, Osceola, Seminole), and every prosecutor is different.

Call me at (407) 423-1117. Let’s analyze your odds.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.