Opinion
No. 1D19-2453
05-13-2020
Kenneth E. FOSTER, Appellant, v. STATE of Florida, Appellee.
Kenneth E. Foster, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
Kenneth E. Foster, pro se, Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
RAY, C.J.
Kenneth E. Foster appeals the denial of his motion to correct illegal sentence in which he argued that he is entitled to resentencing under chapter 2014-220, Laws of Florida, because his term-of-years sentences for the crimes he committed as a juvenile violate Miller v. Alabama , 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), and Graham v. Florida , 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010). As the Florida Supreme Court recently made clear, "a juvenile offender's sentence does not implicate Graham , and therefore Miller , unless it meets the threshold requirement of being a life sentence or the functional equivalent of a life sentence." Pedroza v. State , 291 So.3d 541 (Fla. 2020). Foster's concurrent sentences of 50 and 36.175 years afford him a meaningful opportunity for release during his natural life. Even if he serves his entire 50-year sentence, he will be in his sixties when released. Because Foster has not shown that any of his sentences is the functional equivalent of a life sentence, we affirm. See id. (upholding 40-year sentence for second-degree murder committed by juvenile defendant); see also Hart v. State , 255 So. 3d 921, 927 (Fla. 1st DCA 2018) (upholding 50-year aggregate sentence for nonhomicide crimes committed by juvenile defendant).
AFFIRMED.
Rowe and Tanenbaum, JJ., concur.