Donahue v. State

• Decision Date: 07 November 2018
• Docket Number: No. 4D18-2148,4D18-2148
• Parties: Bryan C. DONAHUE, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

257 So.3d 1083 (Mem)

Bryan C. DONAHUE, Appellant,

v.STATE of Florida, Appellee.

No. 4D18-2148

District Court of Appeal of Florida, Fourth District.

[November 7, 2018]

Carey Haughwout, Public Defender, and Benjamin Eisenberg, Assistant Public Defender, West Palm Beach, for appellant.

No appearance required for appellee.

Per Curiam.

The defendant appeals the circuit court's denial of his motion for resentencing hearing, challenging the thirty-year sentences imposed following convictions for second degree murder and robbery.

We affirm based on Hart v. State , 246 So.3d 417 (Fla. 4th DCA 2018) (en banc) and Pedroza v. State , 244 So.3d 1128 (Fla. 4th DCA 2018). As we did in Hart and Pedroza , we certify conflict with Cuevas v. State , 241 So.3d 947 (Fla. 2d DCA 2018), Blount v. State , 238 So.3d 913 (Fla. 2d DCA 2018), Mosier v. State , 235 So.3d 957 (Fla. 2d DCA 2017), Alfaro v. State , 233 So.3d 515 (Fla. 2d DCA 2017), and Burrows v. State , 219 So.3d 910 (Fla. 5th DCA 2017). We also certify conflict with Katwaroo v. State , 237 So.3d 446 (Fla. 5th DCA 2018) and Tarrand v. State , 199 So.3d 507 (Fla. 5th DCA 2016).

Affirmed; conflict certified.

Warner, Damoorgian and Ciklin, JJ., concur.