Kadeem Quaishawn Hart vs State of Florida
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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ Nos. 1D13-1754 1D13-1810 (Consolidated) _____________________________ KADEEM QUAISHAWN HART, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Duval County. Charles W. Arnold, Judge. December 31, 2020 ON REMAND FROM THE SUPREME COURT OF FLORIDA PER CURIAM. On December 11, 2020, the Florida Supreme Court quashed our decision in Hart v. State, 255 So. 3d 921 (Fla. 1st DCA 2018), 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. Hart was sentenced to an aggregate term of fifty years in prison. Because he did not receive “a life sentence or the functional equivalent of a life sentence,” we affirm. See id. at 549 (holding that Pedroza’s forty-year sentence was “not a life sentence or the functional equivalent of a life sentence”). AFFIRMED. ROBERTS, ROWE, and KELSEY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee. 2
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