Burton v. State

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA

SECOND DISTRICT CHRISTOPHER BURTON, ) )

Appellant, ) ) v. ) Case No. 2D13-2904 )

STATE OF FLORIDA, ) )

Appellee. ) ___________________________________ )

Opinion filed August 29, 2014.

Appeal from the Circuit Court for

Hillsborough County; William Fuente,

Judge.

Howard L. Dimmig, II, Public Defender, and

Maureen E. Surber, Assistant Public

Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General,

Tallahassee, and Wendy Buffington,

Assistant Attorney General, Tampa, for

Appellee.

LaROSE, Judge.

Christopher Burton appeals the postconviction court's order denying his motion to correct an illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). Because Mr. Burton received a mandatory sentence of life without the possibility of parole for a first-degree murder he committed when he was sixteen years old, we reverse the portion of the postconviction court's order summarily denying his motion and remand the case for further proceedings consistent with Miller v. Alabama, 132 S. Ct. 2455 (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).

Reversed and remanded.

KHOUZAM and BLACK, JJ., Concur.