PER CURIAM.
Daniel Jon Peterka appeals the circuit courts order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.851 and petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const.
Peterka seeks 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 Peterkas appeal and consideration of his habeas petition 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, Peterka responded to this Courts order to show cause arguing why Hitchcock should not be dispositive in both cases.
After reviewing Peterkas response to the order to show cause, as well as the States arguments in reply, we conclude that Peterka is not entitled to relief. Peterka was sentenced to death following a jurys recommendation for death by a vote of eight to four. Peterka v. State, 640 So.2d 59, 65 (Fla. 1994). Peterkas sentence of death became final in 1995. Peterka v. Florida, 513 U.S. 1129, 115 S.Ct. 940, 130 L.Ed.2d 884 (1995). Thus, Hurst does not apply retroactively to Peterkas sentence of death. See Hitchcock, 226 So.3d at 217. Accordingly, we affirm the denial of Peterkas motion and deny his petition for a writ of habeas corpus.
The Court having carefully considered all arguments raised by Peterka, 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.