Opinion
No. 2D13–2904.
2014-10-10
Christopher BURTON, Appellant, v. STATE of Florida, Appellee.
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.
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.
, 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, ––– 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.3d at 547. We again certify conflict with Gonzalez and Geter, and add to our certification Falcon v. State, 111 So.3d 973 (Fla. 1st DCA 2013), review granted,137 So.3d 1019 (Fla.2013).
Reversed and remanded. Conflict certified. KHOUZAM and BLACK, JJ., Concur.