Jonathon Grimshaw v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMarch 13, 2020
Docket2D18-1609
StatusPublished
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Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
JONATHON GRIMSHAW a/k/a Johnathan )
Grimshaw, )
)
Appellant, )
)
v. ) Case No. 2D18-1609
)
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed March 13, 2020.
Appeal from the Circuit Court for Pasco
County; Kim Campbell, Judge.
Howard L. Dimmig, II, Public Defender,
and Pamela H. Izakowitz, Assistant Public
Defender, Bartow, for Appellant.
Ashley Moody, Attorney General,
Tallahassee, and Helene S. Parnes,
Senior Assistant Attorney General, Tampa,
for Appellee.
BLACK, Judge.
Jonathon Grimshaw was convicted of first-degree murder and sentenced
to life in prison without parole in 1996; Grimshaw and his codefendant were juveniles at
the time the crime was committed. Thereafter, Grimshaw was resentenced to life in
prison with a sentencing review after fifteen years. See ยงยง 775.082(1)(b)(2),
921.1401(2), .1402(2)(c), Fla. Stat. (2017). Grimshaw appeals his new sentence,
raising two issues. We affirm as to both issues and write only to expressly reject
Grimshaw's argument that the trial court erred in failing to impanel a jury to render an
advisory verdict indicating whether a life sentence or a term of years sentence is
appropriate. See White v. State, 271 So. 3d 1023, 1027-28 (Fla. 4th DCA 2019);
Simmons v. State, 267 So. 3d 1067, 1069-70 (Fla. 1st DCA 2019); Gonzalez v. State,
252 So. 3d 1282, 1283 (Fla. 1st DCA 2018); Copeland v. State, 240 So. 3d 58, 59-60
(Fla. 1st DCA 2018); Beckman v. State, 230 So. 3d 77, 94-97 (Fla. 3d DCA 2017), rev.
denied, No. SC17-2060, 2018 WL 3213795, at *1 (Fla. July 2, 2018); see also Arce v.
State, 251 So. 3d 350, 351 (Fla. 5th DCA 2018).
Affirmed.
MORRIS and SALARIO, JJ., Concur.
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