IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
JACK THOMAS CURRIE, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D16-5578
STATE OF FLORIDA,
Appellee.
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Opinion filed May 31, 2017.
An appeal from the Circuit Court for Leon County.
James C. Hankinson, Judge.
Jack Thomas Currie, pro se, Appellant.
Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Assistant Attorney
General, Tallahassee, for Appellee.
PER CURIAM.
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) (discussing that while some sentences “may become the 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.
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