Summary
affirming juvenile offender's "aggregate [sentence] of fifty years in prison"
Summary of this case from Nugent v. StateOpinion
Nos. 1D13-1754 1D13-1810 (Consolidated)
12-31-2020
Kadeem Quaishawn HART, Appellant, v. STATE of Florida, Appellee.
Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.
Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.
ON REMAND FROM THE SUPREME COURT OF FLORIDA
Per Curiam.
On December 11, 2020, the Florida Supreme Court quashed our decision in Hart v. State , 255 So. 3d 921 (Fla. 1st DCA 2018), and remanded the matter for reconsideration in light of its decision in Pedroza v. State , 291 So. 3d 541 (Fla. 2020). In Pedroza , the supreme court held that "a juvenile offender's sentence does not implicate Graham [v. Florida , 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010) ], and therefore Miller [v. Alabama , 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) ], unless it meets the threshold requirement of being a life sentence or the functional equivalent of a life sentence." Id. at 548.
Hart was sentenced to an aggregate term of fifty years in prison. Because he did not receive "a life sentence or the functional equivalent of a life sentence," we affirm. See id . at 549 (holding that Pedroza's forty-year sentence was "not a life sentence or the functional equivalent of a life sentence").
AFFIRMED .
Roberts, Rowe, and Kelsey, JJ., concur.