Florida District Courts of Appeal, 2017

Currie v. State

Florida District Courts of Appeal · Decided May 31, 2017 · Bilbrey, Ray, Wolf

219 So. 3d 960; 2017 WL 2350119; 2017 Fla. App. LEXIS 7852 (Southern Reporter, Third Series)

Cases that cite this one

16 later published cases cite this decision.

Vennisee v. State (Fla. Dist. Ct. App. 2017)
ROBERT STERN v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)
Rooks v. State (Fla. Dist. Ct. App. 2017)
Richard Day v. State of Florida (Fla. Dist. Ct. App. 2019)
Lester Simmons v. State of Florida (Fla. Dist. Ct. App. 2019)
Richard Emanuel v. State (Fla. Dist. Ct. App. 2018)
Bruce v. State (Fla. Dist. Ct. App. 2018)
Marshall Brummitt v. State (Fla. Dist. Ct. App. 2018)
Emanuel v. State (Fla. Dist. Ct. App. 2018)
President v. State (Fla. Dist. Ct. App. 2018)
Brummitt v. State (Fla. Dist. Ct. App. 2018)
Marrero v. State (Fla. Dist. Ct. App. 2018)
LARRY ROGERS v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2017)
Kenneth Wright v. State of Florida (Fla. Dist. Ct. App. 2017)
DAVID MILLER v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2017)
CHARLIE BLOUNT v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2017)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellant has filed a rule 3.800(a) motion in which he argues that because he was a juvenile when he committed the offense of sexual battery with a firearm and received a life sentence with the possibility of parole, he is entitled to be resen-tenced pursuant to Atwell v. State, 197 So.3d 1040 (Fla. 2016), and Henry v. State, 175 So.3d 675 (Fla. 2015). We disagree. Appellant was afforded a meaningful opportunity to obtain release and, in fact, was released on parole when he was 25 years old. He then violated parole and was reincarcerated. The Florida Commission on Offender Review has assigned him a presumptive parole release date, and he continues to be considered for release on parole. We therefore conclude he is not entitled to be resentenced because he has not received the functional equivalent of a life sentence. He has already been released once, and he has the potential to be released again. Thomas v. State, 78 So.3d 644, 646 (Fla. 1st DCA 2012) (discussing that while some sentences “may become *961the functional equivalent of a life sentence, we do not believe that situation has occurred in the instant case”).

AFFIRMED.

WOLF, RAY, and BILBREY, JJ., CONCUR.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.