IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA 

July 10, 2015 

TA HEEM BLAKE, ) 

 ) 

 Appellant, ) 

 ) 

v. ) Case No. 2D10-5700 

 ) 

STATE OF FLORIDA, ) 

 ) 

 Appellee. ) 

___________________________________ ) 

BY ORDER OF THE COURT: 

 Upon consideration of Appellant’s amended motion for rehearing, motion for 

written opinion, and motion for rehearing en banc, filed April 30, 2015, 

IT IS ORDERED that the Appellant’s amended motion for rehearing is granted in 

part and denied in part; the motion for written opinion is granted in part and denied in 

part, and the motion for rehearing en banc is denied. This court’s opinion dated March 

11, 2015, is withdrawn, and the attached opinion is issued in its place. 

I HEREBY CERTIFY THE FOREGOING IS A 

TRUE COPY OF THE ORIGINAL COURT ORDER. 

JAMES BIRKHOLD, CLERK 
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING 

MOTION AND, IF FILED, DETERMINED 

IN THE DISTRICT COURT OF APPEAL 

OF FLORIDA 

SECOND DISTRICT 

TA HEEM BLAKE, ) 

 ) 

 Appellant, ) 

 ) 

v. ) Case No. 2D10-5700 

 ) 

STATE OF FLORIDA, ) 

 ) 

 Appellee. ) 

___________________________________ ) 

Opinion filed July 10, 2015. 

Appeal from the Circuit Court for 

Manatee County; Debra Johnes Riva, 

Judge. 

Howard L. Dimmig, II, Public Defender, and 

Maureen E. Surber, Assistant Public 

Defender, Bartow, for Appellant. 

Pamela Jo Bondi, Attorney General, 

Tallahassee, and Cerese Crawford Taylor, 

Assistant Attorney General, Tampa, for 

Appellee. 

BLACK, Judge. 

 Ta Heem Blake challenges his sentences for first-degree murder and 

armed burglary of a dwelling. We affirm Blake's sentence for armed burglary without 

comment. We affirm his sentence for first-degree murder but remand for a 
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determination of whether Blake is entitled to review of his life sentence pursuant to 

section 921.1402(2)(a), Florida Statutes (2014). 

 Blake was convicted of first-degree murder, a capital felony; armed 

burglary, a first-degree felony punishable by life; and aggravated battery with a deadly 

weapon, a second-degree felony. The jury specifically found that Blake discharged a 

firearm which resulted in death and that during the course of the aggravated battery 

Blake discharged a firearm resulting in great bodily harm. Blake was seventeen years 

old at the time he committed the crimes. 

 Following a motion to correct sentencing error, the trial court conducted an 

individualized sentencing hearing at which it heard witness testimony and applied the 

Supreme Court's rulings in Miller v. Alabama, 132 S. Ct. 2455 (2012), and Graham v. 

Florida, 560 U.S. 48 (2010). After expressly considering the factors outlined in Miller 

and now codified in section 921.1401, the court resentenced Blake to life without the 

possibility of parole on the murder conviction. 

 Because Blake received the individualized sentencing hearing discussed 

in Horsley v. State, 160 So. 3d 393 (Fla. 2015), we affirm his life sentence. However, 

we remand for the trial court to determine whether Blake is entitled to judicial review of 

his sentence after twenty-five years. See § 921.1402(2)(a); Horsley, 160 So. 3d at 408. 

 Affirmed; remanded. 

KHOUZAM and SLEET, JJ., Concur.