Currie v. State
| Decision Date | 31 May 2017 |
| Docket Number | CASE NO. 1D16–5578 |
| Citation | 219 So.3d 960 (Mem) |
| Parties | Jack Thomas CURRIE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jack Thomas Currie, pro se, Appellant.
Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee.
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 resentenced 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) ().
AFFIRMED.
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...scheme. Rooks, 224 So.3d at 273.The First District and Fourth District Courts of Appeal reached the same conclusion in Currie v. State, 219 So.3d 960 (Fla. 1st DCA 2017), and Rogers v. State, 223 So.3d 281 (Fla. 4th DCA 2017), respectively. Currie was a juvenile when he committed an armed s......
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Simmons v. State, 1D18-191
...before resentencing occurred, the court learned of changes in the law casting doubt on whether Simmons should be resentenced. In Currie v. State ,2 this Court held that a sentence of life with the possibility of parole, like the one Simmons received, was not the functional equivalent of a l......
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Bruce v. State
...v. State, 224 So.3d 272 (Fla. 3d DCA 2017), and supported by Rogers v. State, 223 So.3d 281 (Fla. 4th DCA 2017), and Currie v. State, 219 So.3d 960 (Fla. 1st DCA 2017). In each of these cases, the defendant was a juvenile at the time the offense was committed, sentenced to life in prison wi......
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Day v. State
...1729, 198 L.Ed.2d 186 (2017) ). Indeed, Florida's parole process led to Day's actual release—more than once. Cf. Currie v. State , 219 So.3d 960, 960 (Fla. 1st DCA 2017) ("Appellant was afforded a meaningful opportunity to obtain release and, in fact, was released on parole when he was 25 y......