Ronald Kirkland v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMarch 17, 2021
Docket1D18-4684
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-4684
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RONALD KIRKLAND,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Escambia County.
J. Scott Duncan, Judge.
March 17, 2021
ON REMAND FROM THE SUPREME COURT OF FLORIDA
PER CURIAM.
The Florida Supreme Court quashed our decision in Kirkland
v. State, 273 So. 3d 1194 (Fla. 1st DCA 2019), and remanded for
our reconsideration in light of Pedroza v. State, 291 So. 3d 541 (Fla.
2020), cert. denied, 141 S. Ct. 341 (2020). See Kirkland v. State, 46
Fla. L. Weekly S1, 2020 WL 7311939, at *1 (Fla. Dec. 11, 2020)
(No. SC19-1215).
In Pedroza, the supreme court held that “a juvenile offender’s
sentence does not implicate Graham [v. Florida, 560 U.S. 48
(2010)], and therefore Miller [v. Alabama, 567 U.S. 460 (2012)],
unless it meets the threshold requirement of being a life sentence
or the functional equivalent of a life sentence.” Pedroza, 291 So. 3d
at 548. The supreme court in Pedroza approved the Fourth
District’s affirmance of the denial of resentencing for a juvenile
serving a forty-year sentence. Id. at 549.
Kirkland, age fifteen when he committed the crimes at issue,
was tried as an adult and received a forty-year prison sentence.
See Kirkland v. State, 67 So. 3d 1147, 1148 (Fla. 1st DCA 2011).
Under Pedroza, a forty-year sentence is not a life sentence or its
functional equivalent. This is particularly true in light of sentence
reductions available under section 944.275, Florida Statutes
(2008). Because Kirkland has not established that this is “a life
sentence or the functional equivalent of a life sentence” as required
by Pedroza, we affirm. See Pedroza, 291 So. 3d at 549; see also Hart
v. State, Nos. 1D13-1754, 1D13-1810; 46 Fla. L. Weekly D73, 2020
WL 7778999 (Fla. 1st DCA Dec. 31, 2020) (Nos. 1D13-1754, 1D13-
1810) (affirming juvenile’s fifty-year sentence as neither a life
sentence nor its functional equivalent), petition for review filed,
No. SC21-260 (Fla. 2021).
AFFIRMED.
MAKAR, KELSEY, and LONG, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Jessica J. Yeary, Public Defender, and Glen Gifford, Assistant
Public Defender, Tallahassee, for Appellant; and Ronald Kirkland,
pro se, Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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