District Court of Appeal of Florida March 28, 2012, No. 4D11-4922 (Carey v. State)

PER CURIAM.

We deny Demetrius Carey’s petition for writ of habeas corpus alleging one claim of fundamental error in light of the Florida Supreme Court’s decision in State v. Montgomery, 39 So.3d 252 (Fla.2010).

Then fourteen-year-old Carey was charged with first-degree murder and robbery with a firearm after shooting and killing victim Elene Carrasco during the course of a robbery.