Sirlathian Cross v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMay 20, 2020
Docket3D17-0922
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed May 20, 2020.
Not final until disposition of timely filed motion for rehearing.
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Nos. 3D17-1212 and 3D17-922
Lower Tribunal Nos. 09-32799 and 94-27383A
________________
Andy Jesus Rodriguez and Sirlathian Cross,
Appellants,
vs.
The State of Florida,
Appellee.
Appeals under Florida Rule of Appellate Procedure 9.141(b)(2) from the
Circuit Court for Miami-Dade County, Dava J. Tunis and Teresa Mary Pooler,
Judges.
Carlos J. Martinez, Public Defender, and Jonathan Greenberg, Assistant
Public Defender, for appellants.
Ashley Moody, Attorney General, and Jonathan Tanoos and Linda Katz,
Assistant Attorneys General, for appellee.
Before EMAS, C.J., and SCALES and LINDSEY, JJ.
PER CURIAM.
Affirmed. See Pedroza v. State, 45 Fla. L. Weekly S93 at *6 (Fla. Mar. 12,
2020) (clarifying Kelsey v. State, 206 So. 3d 5 (Fla. 2016), receding from Johnson
v. State, 215 So. 3d 1237, 1243 (Fla. 2017) and holding that “a juvenile offender’s
sentence does not implicate Graham [v. Florida, 560 U.S 49 (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”) (additional
citation omitted).
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