Landy v. State

Irvin Landy appeals from the order denying his motion to correct illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). We reverse and remand for resentencing.

In 1992 a jury found Mr. Landy guilty of first-degree murder. At the time of the offense, Mr. Landy was seventeen years old. The trial court sentenced him to life imprisonment with parole eligibility after twenty-five years.

In his motion to correct illegal sentence, Mr. Landy sought relief under Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). He claimed that because he was a juvenile when the…