FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D17-1254
_____________________________
JOSE A. GONZALEZ,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Bay County.
Hentz McClellan, Judge.
August 24, 2018
PER CURIAM.
Jose A. Gonzalez was 16 years, 10 months old when he
committed first degree murder by stabbing a stranger twelve
times. Following a jury trial, he was sentenced to life pursuant to
the sentencing scheme later invalidated in the wake of Miller v.
Alabama, 567 U.S. 460 (2012). Gonzalez’ sentence was thus
vacated, and the cause remanded for resentencing. Gonzalez v.
State, 177 So. 3d 1266 (Fla. 2015). Following an evidentiary
hearing, he again was sentenced to life with the opportunity for
early release with a review hearing to be held in accordance with
sections 775.082(1)(b)1. and 921.1402(2)(a), Florida Statutes
(2016). Gonzalez now challenges that sentence.
We reject Gonzalez’ argument that a jury, rather than a
circuit judge, must pass on the factors set forth in section
921.1401(2). See Copeland v. State, 240 So. 3d 58 (Fla. 1st DCA
2018); Beckman v. State, 230 So. 3d 77 (Fla. 3d DCA 2017). As
for the decision of the trial court to impose a life sentence, we find
no error in the conclusion that the case at bar presents the
“uncommon circumstance” where life imprisonment constitutes
an appropriate sentence for a homicide offense committed by a
juvenile. Copeland, 240 So. 3d at 59. Prior to resentencing, the
trial court received evidence and substantial argument regarding
the sentencing considerations set forth in section 921.1401(2)(a)-
(j). The trial court issued a detailed sentencing order analyzing
the statutory factors. No error has been shown.
AFFIRMED.
WOLF, BILBREY, and KELSEY, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Andy Thomas, Public Defender, and Glen P. Gifford, Assistant
Public Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Kaitlin Weiss, Assistant
Attorney General, Tallahassee, for Appellee.
2