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MARTIN GROSSMAN, Appellant(s) v. STATE OF FLORIDA, Appellee(s).

Martin Grossman appeals an order of the circuit court summarily denying a successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.851. On appeal to this Court, Grossman challenges the validity of his death sentence based on alleged newly discovered evidence under Jones v. State, 591 So. 2d 911 (Fla. 1991), and the United States Supreme Court's decision in Roper v. Simmons, 543 U.S. 551 (2005).

The decision in Roper that the Eighth Amendment bars execution of persons under eighteen at the time of the offense applies only to a defendant's chronological age. Grossman was nineteen at the time of the offense. Accordingly, Roper does not apply. The newly discovered evidence claim is based on a 2004 study of brain mapping of individuals between ages 4 to 21 establishing that the temporal lobe of the brain matures last. Even accepting the findings of this study as true, we conclude that there is no probability of a different sentence on retrial and thus the study does not satisfy the standard set forth inJones. The circuit court's order is hereby affirmed.

PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, CANTERO and BELL, JJ., concur.

QUINCE, J., recused.

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GROSSMAN v. STATE
(May 25, 2006)