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Donahue v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Jan 6, 2021
310 So. 3d 55 (Fla. Dist. Ct. App. 2021)

Opinion

No. 4D18-2148

01-06-2021

Bryan C. DONAHUE, Appellant, v. STATE of Florida, Appellee.

Carey Haughwout, Public Defender, and Benjamin Eisenberg, Assistant Public Defender, West Palm Beach, for appellant. No appearance required for appellee.


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, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), and Miller v. Alabama , 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), are not implicated.

Affirmed.

Warner, Damoorgian and Ciklin, JJ., concur.


Summaries of

Donahue v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Jan 6, 2021
310 So. 3d 55 (Fla. Dist. Ct. App. 2021)
Case details for

Donahue v. State

Case Details

Full title:BRYAN C. DONAHUE, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Jan 6, 2021

Citations

310 So. 3d 55 (Fla. Dist. Ct. App. 2021)