PER CURIAM.
We have for review Milford Wade Byrds appeal of the circuit courts order denying Byrds motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Byrds 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). After this Court decided Hitchcock v. State , 226 So.3d 216 (Fla.), cert. denied , --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), Byrd responded to this Courts order to show cause arguing why Hitchcock should not be dispositive in this case.
After reviewing Byrds response to the order to show cause, as well as the States arguments in reply, we conclude that Byrd is not entitled to relief. Byrd was sentenced to death following a jurys recommendation for death. Byrd v. State , 481 So.2d 468, 471 (Fla. 1985). Byrds sentence of death became final in 1986. Byrd v. Florida , 476 U.S. 1153, 106 S.Ct. 2261, 90 L.Ed.2d 705 (1986). Thus, Hurst does not apply retroactively to Byrds sentence of death. See Hitchcock , 226 So.3d at 217. Accordingly, we affirm the denial of Byrds motion.
The Court having carefully considered all arguments raised by Byrd, we caution that any rehearing motion containing reargument will be stricken. It is so ordered.
LABARGA, C.J., and POLSTON and LAWSON, JJ., concur.
PARIENTE, J., concurs in result with an opinion.
LEWIS and CANADY, JJ., concur in result.
QUINCE, J. recused.
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 .
The jurys vote to recommend death is unknown. This Courts opinion on direct appeal merely states that [t]he jury returned an advisory recommendation of the death penalty. Byrd , 481 So.2d at 471.