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Grimshaw v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Mar 13, 2020
310 So. 3d 452 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 2D18-1609

03-13-2020

Jonathon GRIMSHAW a/k/a Johnathan Grimshaw, Appellant, v. STATE of Florida, Appellee.

Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Helene S. Parnes, Senior Assistant Attorney General, Tampa, for Appellee.


Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Helene S. Parnes, Senior Assistant Attorney General, Tampa, for Appellee.

BLACK, Judge.

Jonathon Grimshaw was convicted of first-degree murder and sentenced to life in prison without parole in 1996; Grimshaw and his codefendant were juveniles at the time the crime was committed. Thereafter, Grimshaw was resentenced to life in prison with a sentencing review after fifteen years. See §§ 775.082(1)(b)(2), 921.1401(2), .1402(2)(c), Fla. Stat. (2017). Grimshaw appeals his new sentence, raising two issues. We affirm as to both issues and write only to expressly reject Grimshaw's argument that the trial court erred in failing to impanel a jury to render an advisory verdict indicating whether a life sentence or a term of years sentence is appropriate. See White v. State, 271 So. 3d 1023, 1027-28 (Fla. 4th DCA 2019) ; Simmons v. State, 267 So. 3d 1067, 1069-70 (Fla. 1st DCA 2019) ; Gonzalez v. State, 252 So. 3d 1282, 1283 (Fla. 1st DCA 2018) ; Copeland v. State, 240 So. 3d 58, 59-60 (Fla. 1st DCA 2018) ; Beckman v. State, 230 So. 3d 77, 94-97 (Fla. 3d DCA 2017), rev. denied, No. SC17-2060, 2018 WL 3213795, at *1 (Fla. July 2, 2018) ; see also Arce v. State, 251 So. 3d 350, 351 (Fla. 5th DCA 2018).

Affirmed.

MORRIS and SALARIO, JJ., Concur.


Summaries of

Grimshaw v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Mar 13, 2020
310 So. 3d 452 (Fla. Dist. Ct. App. 2020)
Case details for

Grimshaw v. State

Case Details

Full title:JONATHON GRIMSHAW a/k/a Johnathan Grimshaw, Appellant, v. STATE OF…

Court:DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Mar 13, 2020

Citations

310 So. 3d 452 (Fla. Dist. Ct. App. 2020)