Full Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D18-4888 _____________________________ DONTA BROWN, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Duval County. Bruce Anderson, Judge. April 23, 2021 ON REMAND FROM THE SUPREME COURT OF FLORIDA PER CURIAM. On December 11, 2020, the Florida Supreme Court quashed our decision in this case 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 (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.” Id. at 548. Appellant was sentenced to 40 years’ incarceration when he was 16 years old. We conclude that this is not the functional equivalent of a life sentence. See id. at 543, 549 (holding that Pedroza’s forty-year sentence was not “a life sentence or the functional equivalent of a life sentence”); see also Hart v. State, 46 Fla. L. Weekly D73 (Fla. 1st DCA Dec. 31, 2020). Accordingly, Appellant is not entitled to be resentenced, and the trial court did not err in denying his motion to correct illegal sentence. AFFIRMED. LEWIS, OSTERHAUS, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Jessica J. Yeary, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Tabitha Herrera, Assistant Attorney General, Tallahassee, for Appellee. 2