BRYAN C. DONAHUE v. STATE OF FLORIDA
This text of BRYAN C. DONAHUE v. STATE OF FLORIDA (BRYAN C. DONAHUE v. STATE OF FLORIDA) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
BRYAN C. DONAHUE, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D18-2148
[January 6, 2021]
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Daliah H. Weiss, Judge; L.T. Case No. 1998CF004833AXXXMB.
Carey Haughwout, Public Defender, and Benjamin Eisenberg, Assistant Public Defender, West Palm Beach, for appellant.
No appearance required for appellee.
ON REMAND FROM THE FLORIDA SUPREME COURT
PER CURIAM.
The Florida Supreme Court quashed this Court’s decision in Donahue v. State, 257 So. 3d 1083 (Fla. 4th DCA 2018), and remanded for reconsideration upon application of Pedroza v. State, 291 So. 3d 541 (Fla. 2020). We affirm. Under Pedroza, appellant’s concurrent thirty-year prison sentences for homicide and non-homicide offenses are not the functional equivalent of a life sentence, and Graham v. Florida, 560 U.S. 48 (2010), and Miller v. Alabama, 567 U.S. 460 (2012), are not implicated.
Affirmed.
WARNER, DAMOORGIAN and CIKLIN, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
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