Toye v. State

Ashley Toye appeals the summary denial of her motion filed pursuant to Florida Rules of Criminal Procedure 3.800(a) and 3.850, in which she claimed that the decision in Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), rendered her mandatory sentence of life in prison without the possibility of parole illegal because she was a juvenile when she committed her offenses. The postconviction court dismissed her motion as untimely, relying on the Third District’s decision in Geter v. State, 115 So.3d 375, 385 (Fla. 3d DCA 2012) (en banc), which held that the Miller decision does…