Landrum v. State

District Court of Appeal of Florida

Landrum v. State

133 So. 3d 601, 2014 WL 811580, 2014 Fla. App. LEXIS 2795

CourtDistrict Court of Appeal of Florida

DecidedFebruary 28, 2014

DocketNo. 2D13-3089

StatusPublished

Cited by3 cases

This text of 133 So. 3d 601 (Landrum v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Landrum v. State, 133 So. 3d 601, 2014 WL 811580, 2014 Fla. App. LEXIS 2795 (Fla. Ct. App. 2014).

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Opinion

LaROSE, Judge.

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.

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LaROSE, Judge.

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.

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133 So. 3d 601, 2014 WL 811580, 2014 Fla. App. LEXIS 2795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landrum-v-state-fladistctapp-2014.

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