PER CURIAM.
We have for review Bruce Douglas Paces appeal of the circuit courts order denying Paces motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Paces 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 Paces 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, Pace responded to this Courts order to show cause arguing why Hitchcock should not be dispositive in this case.
After reviewing Paces response to the order to show cause, as well as the States arguments in reply, we conclude that Pace is not entitled to relief. Pace was sentenced to death following a jurys recommendation for death by a vote of seven to five. See Pace v. State, 596 So.2d 1034, 1035 (Fla. 1992). His sentence of death became final in 1992. Pace v. Florida, 506 U.S. 885, 113 S.Ct. 244, 121 L.Ed.2d 178 (1992). Thus, Hurst does not apply retroactively to Paces sentence of death. See Hitchcock, 226 So.3d at 217. Accordingly, we affirm the denial of Paces motion.
The Court having carefully considered all arguments raised by Pace, 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 to recommend a sentence of death is not reflected in this Courts opinion on direct appeal, this Courts opinion addressing Paces initial postconviction appeal and separate petition for a writ of habeas corpus states that the jury voted seven to five to recommend a sentence of death. Pace v. State, 854 So.2d 167, 170 (Fla. 2003).