LAISHA LANDRUM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the postconviction court erred in denying the motion to correct an illegal sentence because the Miller v. Alabama decision applies retroactively to juvenile offenders.
Laisha Landrum, convicted as a juvenile of second-degree murder with a weapon and tampering with evidence, appealed an order denying her motion to cor…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Juvenile Sentencing cases and more on FLexlaw
Laisha Landrum appeals an order denying her motion to correct an illegal sentence. See Fla. R.Crim. P. 3.800(a).
In 2006, a jury convicted Ms. Landrum of second-degree murder with a weapon (Count I) and tampering with physical evidence (Count II). The trial court sentenced her to life in prison for Count I and to five years in prison for Count II. We affirmed on direct appeal. Landrum v. State, 963 So.2d 711 (Fla. 2d DCA 2007) (table).
In her motion for postconviction relief, Ms. Landrum asserted that her sentence for Count I was illegal under Miller v. Alabama, - U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). Miller held that a mandatory life sentence without the possibility of parole was unconstitutional as applied to juveniles who commit a homicide offense. Id. at 2469. The postconviction court denied relief, ruling that Miller does not apply retroactively. See Gonzalez v. State, 101 So.3d 886, 886-88 (Fla. 1st DCA 2012).
Recently, we determined that Miller applies retroactively and we certified conflict with Gonzalez. Toye v. State, 133 So.3d 540 (Fla. 2d DCA 2014). Consequently, we reverse and remand for further proceedings before the postconviction court consistent with Miller and Toye as relevant to Count I.
Reversed and remanded.
SILBERMAN and CRENSHAW, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Taylor v. State, 151 So. 3d 1273 (Fla. 2d DCA 2014)…olding in Miller applies retroactively. Accordingly, we reverse the order summarily denying Taylor’s motion and remand for further proceedings consistent with Miller and Toye. See Baker v. State, 138 So. 3d 1175 (Fla. 2d DCA 2014); Landrum v. State, 133 So. 3d 601 (Fla. 2d DCA 2014). We again certify conflict with Geter v. State, 115 So. 3d 375 (Fla. 3d DCA 2013); Gonzalez v. State, 101 So. 3d 886 (Fla. 1st DCA 2012); and Falcon v. State, 111 So. 3d 973 (Fla. 1st DCA), review granted, 137 So. 3d 1019 (Fla.201…
-
Burton v. State, 148 So. 3d 541 (Fla. 2d DCA 2014)…he case for further proceedings consistent with Miller v. Alabama, — U.S. —, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), and Toye v. State, 133 So. 3d 540 (Fla. 2d DCA 2014). See also Baker v. State, 138 So. 3d 1175 (Fla. 2d DCA 2014); Landrum v. State, 133 So. 3d 601 (Fla. 2d DCA 2014). In Toye, this court concluded that Miller applied retroactively and certified conflict with Geter v. State, 115 So. 3d 375 (Fla. 3d DCA 2012) (en banc), and Gonzalez v. State, 101 So. 3d 886 (Fla. 1st DCA 2012). Toye, 133 So. 3…
Authorities Cited
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Gonzalez v. State, 101 So. 3d 886 (Fla. 1st DCA 2012)
- Toye v. State, 133 So. 3d 540 (Fla. 2d DCA 2014)