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133 So. 3d 601

Landrum v. State

District Court of Appeal of Florida

Decided February 28, 2014

District Court of Appeal of Florida · decided 2014-02-28

Cited by 2 later decisions — most recently December 2014

2 state decisions

Relies on Miller v. Alabama · Gonzalez v. State · Toye v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2014-02-28

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LaROSE, Judge.

¶1Laisha Landrum appeals an order denying her motion to correct an illegal sentence. See Fla. R.Crim. P. 3.800(a).

¶2In 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).

¶3In 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). Millerheld 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 Millerdoes not apply retroactively. See Gonzalez v. State, 101 So.3d 886, 886-88 (Fla. 1st DCA 2012).

¶4Recently, we determined that Millerapplies 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 Millerand Toye as relevant to Count I.

¶5Reversed and remanded.

SILBERMAN and CRENSHAW, JJ., Concur.
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