JACK THOMAS CURRIE, APPELLANT,
v.
STATE OF FLORIDA, 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 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.
Cases With Similar Vibessemantic neighbors from the corpus
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Vennisee v. State, 235 So. 3d 947 (Fla. 3d DCA 2017)…ce was not illegal, and he was not entitled to resen-tencing under Florida’s newly-enacted juvenile sentencing 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),'respective-ly. Currie was a juvenile when he committed an armed sexual battery and was sentenced to life in prison with the possibility of parole. Currie, 219 So. 3d at 96…
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Adolphus Rooks v. State, 224 So. 3d 272 (Fla. 3d DCA 2017)…and 240 months. . The earliest date Atwell could be released from prison based upon the existing objective parole guidelines. . The First District Court of Appeal, in a recent case with similar facts, reached a similar conclusion. Currie v. State, 219 So. 3d 960, 2017 WL 2350119 (Fla. 1st DCA May 31, 2017). . See also Guzman v. State, 183 So. 3d 1025, 1026-28 (Fla. 2016) (Pariente, J., concurring) (observing that a juvenile defendant, who was placed bn probation for a felony punishable by life imprisonment…
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Simmons v. State, 274 So. 3d 468 (Fla. 1st DCA 2019)
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- Atwell v. State, 197 So. 3d 1040 (Fla. 2016)
- Leighdon Henry v. State, 175 So. 3d 675 (Fla. 2015)
- Thomas v. State, 78 So. 3d 644 (Fla. 1st DCA 2011)