HART v. STATE (2020)

On Remand From the Supreme Court Of Florida

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.

Per Curiam.

Roberts, Rowe, and Kelsey, JJ., concur.