PER CURIAM.
We have for review Pablo San Martins appeal of the circuit courts order denying San Martins motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
San Martins 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), San Martin responded to this Courts order to show cause arguing why Hitchcock should not be dispositive in this case.
After reviewing San Martins response to the order to show cause, as well as the States arguments in reply, we conclude that San Martin is not entitled to relief. San Martin was sentenced to death following a jurys recommendation for death by a vote of nine to three. San Martin v. State , 705 So.2d 1337, 1342 (Fla. 1997). San Martins sentence of death became final in 1998. San Martin v. Florida , 525 U.S. 841, 119 S.Ct. 105, 142 L.Ed.2d 84 (1998). Thus, Hurst does not apply retroactively to San Martins sentence of death. See Hitchcock , 226 So.3d at 217. Accordingly, we affirm the denial of San Martins motion.
The Court having carefully considered all arguments raised by San Martin, 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 .