Darriue Montgomery v. State

While I commend the diligent work of the majority here, I concur solely because I am bound by Burrows v. State, 219 So.3d 910 (Fla. 5th DCA 2017), where this court reversed a twenty-fíve-yeár sentence of a nonhomicide offender citing to Kelsey v. State, 206 So.3d 5, 8 (Fla. 2016).4 In this case, Appellant was sentenced to thirty-years before the Legislature adopted chapter 2014-220, Laws of Florida. Therefore, before this court can apply the remedy set forth in chapter 2014-220, we must first determine that Appellant’s thirty-year sentence violates the Eighth Amendment. See Henry v. State,…