PER CURIAM.
We have for review George Michael Hodgess appeal of the circuit courts order denying Hodgess motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Hodgess motion sought relief pursuant to the United States Supreme Courts decision in Hurst v. Florida, --- U.S. ----, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State (Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied, --- U.S. ----, 137 S.Ct. 2161, 198 L.Ed.2d 246 (2017). This Court stayed Hodgess appeal pending the disposition of Hitchcock v. State, 226 So.3d 216 (Fla. 2017), cert. denied, --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017). After this Court decided Hitchcock, Hodges responded to this Courts order to show cause arguing why Hitchcock should not be dispositive in this case.
After reviewing Hodgess response to the order to show cause, as well as the States arguments in reply, we conclude that Hodges is not entitled to relief. Hodges was sentenced to death following a jurys recommendation for death by a vote of ten to two. See Hodges v. State, 619 So.2d 272 (Fla. 1993) ; Hodges v. State, 595 So.2d 929, 931 (Fla. 1992). Hodgess sentence of death became final in 1993. Hodges v. Florida, 510 U.S. 996, 114 S.Ct. 560, 126 L.Ed.2d 460 (1993). Thus, Hurst does not apply retroactively to Hodgess sentence of death. See Hitchcock, 226 So.3d at 217. Accordingly, we affirm the denial of Hodgess motion.
The Court having carefully considered all arguments raised by Hodges, we caution that any rehearing motion containing reargument will be stricken. It is so ordered.
LABARGA, C.J., and QUINCE, POLSTON, and LAWSON, JJ., concur.
PARIENTE, J., concurs in result with an opinion.
LEWIS and CANADY, JJ., concur in result.
PARIENTE, J., concurring in result.
I concur in result because I recognize that this Courts opinion in Hitchcock v. State, 226 So.3d 216 (Fla. 2017), cert. denied, --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), is now final. However, I continue to adhere to the views expressed in my dissenting opinion in Hitchcock.
While the jurys vote recommending a sentence of death is not reflected in this Courts opinion on direct appeal, this Court stated in its opinion affirming the circuit courts denial of Hodgess postconviction motion and denying Hodgess petition for a writ of habeas corpus that the jury recommended a sentence of death by a vote of ten to two. Hodges v. State, 885 So.2d 338, 357 (Fla. 2004).