PER CURIAM.
We have for review Kenneth Hartleys appeal of the circuit courts order denying Hartleys motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Hartleys 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 Hartleys 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, Hartley responded to this Courts order to show cause arguing why Hitchcock should not be dispositive in this case.
After reviewing Hartleys response to the order to show cause, as well as the States arguments in reply, we conclude that Hartley is not entitled to relief. Hartley was sentenced to death following a jurys recommendation for death by a vote of nine to three. Hartley v. State, 686 So.2d 1316, 1319 (Fla. 1996). Hartleys sentence of death became final in 1997. Hartley v. Florida, 522 U.S. 825, 118 S.Ct. 86, 139 L.Ed.2d 43 (1997). Thus, Hurst does not apply retroactively to Hartleys sentence of death. See Hitchcock, 226 So.3d at 217. Accordingly, we affirm the denial of Hartleys motion.
The Court having carefully considered all arguments raised by Hartley, 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.